contract for the construction of an improvement to real
property, entered into on or before the effective date of the tax or the
increase in the tax, or for which a binding bid was submitted before that date
if the bid was afterward accepted, if under the terms of the contract or bid
the contract price or bid amount cannot be adjusted to reflect the imposition
of the tax or the increase in the tax.

Sec. 16. NRS 377A.030 is hereby amended to
read as follows:

377A.030 Except as otherwise provided in NRS 377A.110,
any ordinance enacted under this chapter must include provisions in substance
as follows:

1. A provision imposing a tax upon retailers at the
rate of not more than:

(a) For a tax to promote tourism, one-quarter of 1
percent;

(b) For a tax to establish and maintain a public
transit system, for the construction, maintenance and repair of public roads,
for the improvement of air quality or for any combination of those purposes,
one-half of 1 percent; [or]

(c) For a tax to support the operation and maintenance
of a county swimming pool, one-quarter of 1 percent; or

(d) For a
tax to acquire, develop, construct, equip, operate, maintain, improve and
manage libraries, parks, recreational programs and facilities, and facilities
and services for senior citizens, and to preserve and protect agriculture, or
for any combination of those purposes, one-quarter of 1 percent,

Κ of the gross
receipts of any retailer from the sale of all tangible personal property sold
at retail, or stored, used or otherwise consumed in a county.

2. Provisions substantially identical to those
contained in chapter 374 of NRS, insofar as applicable.

3. A provision that all amendments to chapter 374 of
NRS after the date of enactment of the ordinance, not inconsistent with this
chapter, automatically become a part of the ordinance.

4. A provision that the county shall contract before
the effective date of the ordinance with the Department to perform all
functions incident to the administration or operation of the tax in the county.

5. A provision that a purchaser is entitled to a
refund, in accordance with the provisions of NRS 374.635 to 374.720, inclusive,
of the amount of the tax required to be paid that is attributable to the tax
imposed upon the sale of, and the storage, use or other consumption in a county
of, tangible personal property used for the performance of a written contract
for the construction of an improvement to real property, entered into on or
before the effective date of the tax or the increase in the tax, or for which a
binding bid was submitted before that date if the bid was afterward accepted,
if under the terms of the contract or bid the contract price or bid amount
cannot be adjusted to reflect the imposition of the tax or the increase in the
tax.

Sec. 17. NRS 377A.040 is hereby amended to
read as follows:

377A.040 Any ordinance amending the taxing ordinance
must include a provision in substance that the county shall amend the contract
made under subsection 4 of NRS 377A.030 by a contract made between the county
and the State acting by and through the Department before the effective date of
the amendatory ordinance, unless the county determines with the written
concurrence of the regional transportation commission, in the case of a tax
imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030, or the county fair and recreation board, in the case of a tax imposed
pursuant to paragraph (a) of subsection 1 of NRS 377A.030, that no such
amendment of the contract is necessary or desirable.

county fair and recreation board, in the case of a tax
imposed pursuant to paragraph (a) of subsection 1 of NRS 377A.030, that no such
amendment of the contract is necessary or desirable. Consent of another body is
not required for the county to determine that no such amendment of the contract
is necessary or desirable in the case of a tax imposed pursuant to paragraph
(c) or (d) of
subsection 1 of NRS 377A.030.

Sec. 18. NRS 377A.100 is hereby amended to
read as follows:

377A.100 1. Each ordinance providing for the issuance
of any bond or security issued under this chapter payable from the receipts of
the tax imposed pursuant to paragraph (b) of subsection 1 of NRS 377A.030 may,
in addition to covenants and other provisions authorized in the Local
Government Securities Law, contain a covenant or other provision to pledge and
create a lien upon the receipts of the tax or upon the proceeds of any bond or
security pending their application to defray the cost of establishing or
operating a public transit system, constructing, maintaining or repairing public
roads or improving air quality, or both tax proceeds and security proceeds, to
secure the payment of any bond or security issued under this chapter.

2. Each
ordinance providing for the issuance of any bond or security issued under this
chapter payable from the receipts of the tax imposed pursuant to paragraph (d)
of subsection 1 of NRS 377A.030 may, in addition to covenants and other
provisions authorized in the Local Government Securities Law, contain a
covenant or other provision to pledge and create a lien upon:

(a) The
receipts of the tax;

(b) The
proceeds of any bond or security pending their application to defray the cost
of acquiring, developing, constructing, equipping, operating, maintaining,
improving and managing libraries, parks, recreational programs and facilities,
and facilities and services for senior citizens, and for preserving and
protecting agriculture, or for any combination of those purposes; or

(c) Both
tax proceeds and security proceeds,

Κ to secure the payment of any bond
or security issued under this chapter. The provisions of this subsection do not
authorize the board of county commissioners of a county to obtain money to
acquire, develop, construct, equip, operate, maintain, improve and manage
recreational programs by the issuance of bonds.

3. Any
money pledged to the payment of bonds or other securities pursuant to
subsection 1 or 2
may be treated as pledged revenues of the project for the purposes of
subsection 3 of NRS 350.020.

Sec. 19.NRS 547.140 is hereby amended to
read as follows:

547.140 [Where]

1. Except
as otherwise provided in subsection 2, if two or more counties
are included in and comprise an agricultural district, the boards of county
commissioners of such counties are authorized to appropriate, out of the
general fund of such counties, such money [or moneys]
for the encouragement of such agricultural associations as the boards may, in
their judgment, deem just and proper . [, but in]

2. In no
case [shall such]may an appropriation described in subsection 1 exceed the sum of
$1,500 in any 1 year [.], unless the money so appropriated was
obtained from the proceeds of a tax imposed pursuant to chapter 377A of NRS.

Sec. 20. 1. This section and sections 1 to 13,
inclusive, 15, 17, 18 and 19 of this act become effective on October 1, 2005.

2. Sections 13 and 15 of this act expire by limitation on
December 31, 2005.

3. Sections 14 and 16 of this act become effective on
January 1, 2006.

________

CHAPTER 372, SB 107

Senate Bill No. 107Senator Titus

CHAPTER 372

AN ACT relating to
governmental administration; requiring certain state agencies to report
information concerning capital improvements to the Legislature; requiring local
governments to report information concerning capital improvements to the
Legislature and the Department of Taxation; requiring the State Public Works
Board to compile a report concerning projects of construction of state
buildings that are financed by certain bonds or obligations; authorizing an
additional date for the holding of budget hearings by certain local
governments; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 331 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The Chief
shall, for each fiscal year, compile a report concerning the capital
improvements owned, leased pursuant to a
lease-purchase agreement or operated by the State.

2. The report of the capital improvements required
pursuant to subsection 1 must be prepared in such detail as is required by
generally accepted accounting principles.

3. The Chief
shall submit, in any format including an electronic format, a copy of the
report compiled pursuant to subsection 1 on or before February 1 of the year
next succeeding the period to which the report pertains to the Director of the
Legislative Counsel Bureau for distribution to each regular session of the
Legislature.

Sec. 2. NRS 331.010 is hereby amended to read
as follows:

331.010 As used in NRS 331.010 to 331.145, inclusive, and section 1 of this act, unless
the context otherwise requires:

1. Buildings and Grounds Division means the
Buildings and Grounds Division of the Department of Administration.

2. Chief means the Chief of the Buildings and
Grounds Division.

3. Director means the Director of the Department of
Administration.

Sec. 3. Chapter 341 of
NRS is hereby amended to read as follows:

1. The Board shall, for each fiscal year, compile a report
concerning projects of construction of state buildings that are financed by
general obligation bonds, revenue bonds or medium-term obligations.

2. The report required to be compiled pursuant to
subsection 1 must include:

(a) The source and amount of money received from the
bonds and obligations during the fiscal year;

(b) A list of the projects completed during the fiscal
year, including, without limitation, any change in the estimated cost of such a
project and any change in the date for completion for such a project; and

(c) A list of projects under construction, the
estimated cost of each of those projects, the date for completion of each of those
projects and any changes in the estimated cost or date for completion of those
projects.

3. The Board
shall submit, in any format including an electronic format, a copy of the
report compiled pursuant to subsection 1 on or before February 1 of the year
next succeeding the period to which the report pertains to the Director of the
Legislative Counsel Bureau for distribution to each regular session of the
Legislature.

Sec. 4. Chapter 354 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. In addition
to the records and inventory controls established and maintained pursuant to
NRS 354.625, the governing
body of each local government shall, for each fiscal year, compile a report concerning the capital
improvements owned, leased or operated by the local government.

2. The report
of the capital improvements required pursuant to subsection 1 must be prepared
in such detail as is required by generally accepted accounting principles.

3. The
governing body shall submit, in any format including an electronic format, a
copy of the report compiled pursuant to subsection 1 on or before February 1 of
the year next succeeding the period to which the report pertains to the
Department of Taxation and the Director of the Legislative Counsel Bureau for
distribution to each regular session of the Legislature.

Sec. 5. NRS 354.470 is hereby amended to read
as follows:

354.470 NRS 354.470 to 354.626, inclusive, and section 7 of this act may
be cited as the Local Government Budget and Finance Act.

Sec. 6. NRS 354.5945 is
hereby amended to read as follows:

354.5945 1. Except as otherwise provided in
subsection [6,]7, on or before July 1 of each year, each
local government shall prepare, on a form prescribed by the Department of
Taxation for use by local governments, a capital improvement plan for the fiscal year ending on June 30 of that
year and the ensuing 5 fiscal years.

2. Each local government shall submit a copy of the
capital improvement plan of the local government to the:

(a) Department of Taxation; [and]

(b) Debt management commission of the county in which
the local government is located [.] ; and

(c) Director
of the Legislative Counsel Bureau.

3. Each local government shall file a copy of the
capital improvement plan of the local government for public record and
inspection by the public in the offices of:

(a) The clerk or secretary of the governing body; and

(b) The county clerk.

4. The total amount of the expenditures contained in
the capital improvement plan of the local government for the next ensuing
fiscal year must equal the total amount of expenditures
for capital outlay set forth in the final budget of the local government for
each fund listed in that budget.

must equal the total amount of expenditures for capital
outlay set forth in the final budget of the local government for each fund
listed in that budget.

5. The
capital improvement plan must include the estimated or actual revenues and
expenditures for each capital project and the estimated or actual date for
completion of each capital project.

6. The
capital improvement plan must reconcile the capital outlay in each fund in the
final budget for the first year of the capital improvement plan to the final
budget in the next ensuing fiscal year. The reconciliation must identify the
minimum level of expenditure for items classified as capital assets in the final
budget and the minimum level of expenditure for items classified as capital
projects in the capital improvement plan. The reconciliation of capital outlay
items in the capital improvement plan must be presented on forms created and
distributed by the Department of Taxation.

[6.] 7. Local governments that are exempt from
the requirements of the Local Government Budget and Finance Act pursuant to
subsection 1 of NRS 354.475 are not required to file a capital improvement
plan.

Sec. 7.NRS
354.596 is hereby amended to read as follows:

354.596 1. The officer charged by law shall prepare,
or the governing body shall cause to be prepared, on appropriate forms
prescribed by the Department of Taxation for the use of local governments, a
tentative budget for the ensuing fiscal year. The tentative budget for the
following fiscal year must be submitted to the county auditor and filed for
public record and inspection in the office of:

(a) The clerk or secretary of the governing body; and

(b) The county clerk.

2. On or before April 15, a copy of the tentative
budget must be submitted:

(a) To the Department of Taxation; and

(b) In the case of school districts, to the Department
of Education.

3. At the time of filing the tentative budget, the
governing body shall give notice of the time and place of a public hearing on
the tentative budget and shall cause a notice of the hearing to be published
once in a newspaper of general circulation within the area of the local
government not more than 14 nor less than 7 days before the date set for the
hearing. The notice of public hearing must state:

(a) The time and place of the public hearing.

(b) That a tentative budget has been prepared in such
detail and on appropriate forms as prescribed by the Department of Taxation.

(c) The places where copies of the tentative budget are
on file and available for public inspection.

4. Budget hearings must be held:

(a) For county budgets, on the third Monday in May;

(b) For cities, on the third Tuesday in May;

(c) For school districts, on the third Wednesday in
May; and

(d) For all other local governments, on the third
Thursdayin May [,] or the Friday immediately succeeding
the third Thursday in May,

Κ except that
the board of county commissioners may consolidate the hearing on all local
government budgets administered by the board of county commissioners with the
county budget hearing.

5. The Department of Taxation shall examine the
submitted documents for compliance with law and with appropriate regulations
and shall submit to the governing body at least 3 days before the public
hearing a written certificate of compliance or a written
notice of lack of compliance.

certificate of compliance or a written notice of lack of
compliance. The written notice must indicate the manner in which the submitted
documents fail to comply with law or appropriate regulations.

6. Whenever the governing body receives from the Department
of Taxation a notice of lack of compliance, the governing body shall forthwith
proceed to amend the tentative budget to effect compliance with the law and
with the appropriate regulation.

Sec. 8. Chapter 396 of NRS is hereby amended
by adding thereto a new section to read as follows:

1. The Board
of Regents shall, for each fiscal year, compile a report concerning the capital
improvements owned, leased or operated by the System.

2. The report
of the capital improvements required pursuant to subsection 1 must be prepared
in such detail as is required by generally accepted accounting principles.

3. The Board
of Regents shall, on or before February 1 of each year, submit, in any format
including an electronic format, a copy of the report compiled pursuant to
subsection 1 to the Director of the Legislative Counsel Bureau for distribution
to each regular session of the Legislature.

________

CHAPTER 373, SB 421

Senate Bill No. 421Committee on Government Affairs

CHAPTER 373

AN ACT relating to
meetings of public bodies; requiring all public bodies subject to the Open
Meeting Law to make and retain an audio recording or transcript of each
meeting, whether or not the meeting is public or closed; providing certain
exceptions; requiring the Board of the Public Employees Benefits Program to
post minutes of its meetings on its Internet website under certain
circumstances; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
241.035 is hereby amended to read as follows:

241.035 1. Each public body shall keep written
minutes of each of its meetings, including:

(a) The date, time and place of the meeting.

(b) Those members of the body who were present and
those who were absent.

(c) The substance of all matters proposed, discussed or
decided and, at the request of any member, a record of each members vote on
any matter decided by vote.

(d) The substance of remarks made by any member of the
general public who addresses the body if he requests that the minutes reflect
his remarks or, if he has prepared written remarks, a copy of his prepared
remarks if he submits a copy for inclusion.

(e) Any other information which any member of the body
requests to be included or reflected in the minutes.

2. Minutes of public meetings are public records.
Minutes or audiotape recordings of the meetings must be made available for
inspection by the public within 30 working days after the adjournment of the
meeting at which taken. The minutes shall be deemed to have permanent value and
must be retained by the public body for at least 5 years. Thereafter, the
minutes may be transferred for archival preservation in accordance with NRS
239.080 to 239.125, inclusive. Minutes of meetings closed pursuant to NRS
241.030 become public records when the body determines that the matters
discussed no longer require confidentiality and the person whose character,
conduct, competence or health was discussed has consented to their disclosure.
That person is entitled to a copy of the minutes upon request whether or not
they become public records.

3. All or part of any meeting of a public body may be
recorded on audiotape or any other means of sound or video reproduction by a
member of the general public if it is a public meeting so long as this in no
way interferes with the conduct of the meeting.

4. [Each] Except as otherwise provided in subsection 6, a public
body [may] shall, for each of its meetings, whether public or closed, record
the meeting on
audiotape or [any other]another means of sound reproduction [each
of its meetings, whether public or closed.]or cause the meeting to be transcribed
by a court reporter who is certified pursuant to chapter 656 of NRS. If
a public body makes an audio
recording of a meeting [is so recorded:

(a)The
record must]or
causes a meeting to be transcribed pursuant to this subsection, the audio
recording or transcript:

(a)Must be
retained by the public body for at least 1 year after the adjournment of the
meeting at which it was recorded [.

(b)The record
of a public meeting]or transcribed;

(b) Except
as otherwise provided in this section, is a public record and
must be made available for inspection by the public during the time the [record]recording or transcript is
retained [.

Κ Any record made pursuant to this
subsection must]; and

(c)Must be
made available to the Attorney General upon request.

5. [If a public body elects to record a public meeting pursuant
to the provisions of subsection 4,]Except as otherwise provided in subsection 6, any
portion of [that]a public meeting which is closed must also be
recorded or transcribed and
the recording or transcript must
be retained and made available for inspection pursuant to the provisions of
subsection 2 relating to records of closed meetings. Any [record]recording or transcript made
pursuant to this subsection must be made available to the Attorney General upon
request.

6. If a
public body makes a good faith effort to comply with the provisions of
subsections 4 and 5 but is prevented from doing so because of factors beyond
the public bodys reasonable control, including, without limitation, a power
outage, a mechanical failure or other unforeseen event, such failure does not
constitute a violation of the provisions of this chapter.

Sec. 2. NRS 1A.100 is hereby amended to read
as follows:

1A.100 1. A system of retirement providing benefits
for the retirement, disability or death of all justices of the Supreme Court
and district judges and funded on an actuarial reserve
basis is hereby established and must be known as the Judicial Retirement
System.

judges and funded on an actuarial reserve basis is hereby
established and must be known as the Judicial Retirement System.

2. The System consists of the Judicial Retirement Plan
and the provisions set forth in NRS 2.060 to 2.083, inclusive, and 3.090 to
3.099, inclusive, for providing benefits to justices of the Supreme Court or
district judges who served either as a justice of the Supreme Court or district
judge before November 5, 2002. Each justice of the Supreme Court or district
judge who is not a member of the Public Employees Retirement System is a
member of the System.

3. The official correspondence and records, other than
the files of individual members of the System or retired justices or judges,
and , except as otherwise provided
in NRS 241.035, the minutes , audio recordings, transcripts and books of
the System are public records and are available for public inspection.

4. The System must be administered exclusively by the
Board, which shall make all necessary rules and regulations for the
administration of the System. The rules must include, without limitation, rules
relating to the administration of the retirement plans in accordance with
federal law. The Legislature shall regularly review the System.

Sec. 3. NRS 231.090 is hereby amended to read
as follows:

231.090 The Executive Director of the Commission on
Economic Development shall direct and supervise all its administrative and
technical activities, including coordinating its plans for economic
development, promoting the production of motion pictures, scheduling the
Commissions programs, analyzing the effectiveness of those programs and
associated expenditures, and cooperating with other governmental agencies which
have programs related to economic development. In addition to other powers and
duties, the Executive Director:

1. Shall attend all meetings of the Commission and act
as its Secretary, keeping minutes and
audio recordings or transcripts of its proceedings.

2. Shall report regularly to the Commission concerning
the administration of its policies and programs.

3. Shall report annually to the Governor and the
Commission regarding the work of the Commission and may make such special
reports as he considers desirable to the Governor.

4. May perform any other lawful acts which he
considers desirable to carry out the provisions of NRS 231.020 to 231.130,
inclusive.

Sec. 4. NRS 231.220 is hereby amended to read
as follows:

231.220 The Executive Director of the Commission on
Tourism shall direct and supervise all its administrative and technical
activities, including coordinating its plans for tourism and publications,
scheduling its programs, analyzing the effectiveness of those programs and
associated expenditures, and cooperating with other governmental agencies which
have programs related to travel and tourism. In addition to other powers and
duties, the Executive Director:

1. Shall attend all meetings of the Commission and act
as its Secretary, keeping minutes and
audio recordings or transcripts of its proceedings.

2. Shall report regularly to the Commission concerning
the administration of its policies and programs.

5. May perform any other lawful acts which he
considers necessary to carry out the provisions of NRS 231.160 to 231.360,
inclusive.

Sec. 5. NRS 233A.065 is hereby amended to
read as follows:

233A.065 The Executive Director of the Commission
shall:

1. Be jointly responsible to the Governor and the
Commission.

2. Direct and supervise all the technical and
administrative activities of the Commission.

3. Attend all Commission meetings and act as
Secretary, keeping minutes and
audio recordingsor
transcripts of the proceedings.

4. Report to the Governor and the Commission all
matters concerning the administration of his office. He shall request the
advice of the Commission regarding matters of policy, but he is responsible,
unless otherwise provided by law, for the conduct of the administrative
functions of the Commission office.

5. Compile, for Commission approval and submission to
the Governor, a biennial report regarding the work of the Commission and such
other matters as he may consider desirable.

6. Serve as contracting officer to receive funds from
the Federal Government or other sources for such studies as the Commission
deems necessary.

7. Attend all meetings of any special study committee
appointed by the Governor pursuant to this chapter and act as Secretary,
keeping minutes and audio
recordings or transcripts of the proceedings.

8. Perform any lawful act which he considers necessary
or desirable to carry out the purposes and provisions of this chapter.

Sec. 6. NRS 233B.061 is hereby amended to
read as follows:

233B.061 1. All interested persons must be afforded a
reasonable opportunity to submit data, views or arguments upon a proposed
regulation, orally or in writing.

2. Before holding the public hearing required pursuant
to subsection 3, an agency shall conduct at least one workshop to solicit
comments from interested persons on one or more general topics to be addressed
in a proposed regulation. Not less than 15 days before the workshop, the agency
shall provide notice of the time and place set for the workshop:

(a) In writing to each person who has requested to be
placed on a mailing list; and

(b) In any other manner reasonably calculated to
provide such notice to the general public and any business that may be affected
by a proposed regulation which addresses the general topics to be considered at
the workshop.

3. With respect to substantive regulations, the agency
shall set a time and place for an oral public hearing, but if no one appears
who will be directly affected by the proposed regulation and requests an oral
hearing, the agency may proceed immediately to act upon any written
submissions. The agency shall consider fully all written and oral submissions
respecting the proposed regulation.

4. The agency shall keep, retain and make available
for public inspection written minutes and an audio recording or transcript of each
public hearing held pursuant to subsection 3 in the manner provided in [subsections
1 and 2 of NRS 241.035.

5. The
agency may record each public hearing held pursuant to subsection 3 and make
those recordings available for public inspection in the manner provided in
subsection 4 of] NRS 241.035.

Sec. 7. NRS 244A.611 is hereby amended to
read as follows:

244A.611 1. The board shall choose one of its members
as chairman and one of its members as vice chairman, and shall elect a
secretary and a treasurer, who may be members of the board. The secretary and
the treasurer may be one person.

2. The secretary shall keep[,]audio recordings or transcripts of all
meetings and, in a well-bound book, a record of all of the
proceedings of the board, minutes of all meetings, certificates, contracts,
bonds given by employees, and all other acts of the board. [The]Except as otherwise provided in
NRS 241.035, the minute book , audio recordings, transcripts and records [shall]must be open to the
inspection of all owners of real property in the county as well as to all other
interested persons, at all reasonable times and places.

3. The treasurer shall keep, in permanent records,
strict and accurate accounts of all money received by and disbursed for and on
behalf of the board and the county. He shall file with the county clerk, at
county expense, a corporate fidelity bond in an amount not less than $5,000,
conditioned for the faithful performance of his duties.

Sec. 8. NRS 266.250 is hereby amended to read
as follows:

266.250 1. The deliberations, sessions and
proceedings of the city council must be public.

2. The city council shall keep written minutes and audio recordings or transcripts of
its own proceedings as required pursuant to NRS 241.035. The yeas and nays must
be taken upon the passage of all ordinances, and all propositions to create any
liability against the city, or to grant, deny, increase, decrease, abolish or
revoke licenses, and in all other cases at the request of any member of the
city council or of the mayor, which yeas and nays must be entered in the
minutes of its proceedings.

3. The affirmative vote of a majority of all the
members elected to the city council is necessary to pass any such ordinance or
proposition.

Sec. 9. NRS 278.290 is hereby amended to read
as follows:

278.290 1. Meetings of the board [shall]must be held at the
call of the chairman and at such other times as the board may determine. The
chairman, or in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses. All meetings of the board [shall]must be open to the
public.

2. The board shall adopt rules in accordance with the
provisions of any ordinance adopted pursuant to NRS 278.010 to 278.630,
inclusive.

3. The board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or, if absent or failing to
vote, indicating such fact, and
audio recordings or transcripts of its proceedings, and shall
keep records of its examinations and other official actions, all of which [shall]must be filed
immediately in the office of the board and [shall be a public record.] , except as otherwise provided in NRS
241.035, are public records.

Sec. 10. NRS 284.050 is hereby amended to
read as follows:

284.050 1. The Governor shall designate one of the
members of the Commission as Chairman of the Commission.

2. The Director shall act as the nonvoting recording
Secretary of the Commission. He shall keep the minutes and audio recordings or transcripts of the
proceedings of the Commission.

Sec. 11. NRS 284.055 is hereby amended to
read as follows:

284.055 1. The members of the Commission may meet at
the times and places specified by the call of the Chairman or a majority of the
Commission, but a meeting of the Commission must be held regularly at least once
every 3 months.

2. Three members of the Commission constitute a
quorum. A quorum may exercise any power conferred on the Commission, but no
regulations may be adopted, amended or rescinded except by a majority vote of
the entire membership of the Commission.

3. The Commission shall keep minutes and audio recordings or transcripts of
the transactions of each meeting. [The]Except as otherwise provided in
NRS 241.035, the minutes , audio recordings and transcripts are public
records and must be filed with the Department.

Sec. 12. NRS 286.110 is hereby amended to
read as follows:

286.110 1. A system of retirement providing benefits
for the retirement, disability or death of employees of public employers and
funded on an actuarial reserve basis is hereby established and must be known as
the Public Employees Retirement System. The System is a public agency
supported by administrative fees transferred from the retirement funds. The
Executive and Legislative Departments of the State Government shall regularly
review the System.

2. The System is entitled to use any services provided
to state agencies and shall use the services of the Purchasing Division of the
Department of Administration, but is not required to use any other service. The
purpose of this subsection is to provide to the Board the necessary autonomy
for an efficient and economic administration of the System and its program.

3. The official correspondence and records, other than
the files of individual members or retired employees, and , except as otherwise provided in NRS 241.035, the
minutes , audio recordings,
transcripts and books of the System are public records and are
available for public inspection.

4. The respective participating public employers are
not liable for any obligation of the System.

Sec. 12.5.NRS
287.0415 is hereby amended to read as follows:

287.0415 1. A majority of the members of the Board
constitutes a quorum for the transaction of business.

2. The Governor shall designate one of the members of
the Board to serve as the Chairman.

3. The Board shall meet at least once every calendar
quarter and at other times upon the call of the Chairman.

4. The Board may meet in closed session:

(a) To discuss matters relating to personnel;

(b) To prepare a request for a proposal or other
solicitation for bids to be released by the Board for competitive bidding; or

(c) As otherwise provided pursuant to chapter 241 of
NRS.

5. Except
as otherwise provided in this subsection, if the Board causes a meeting to be
transcribed by a court reporter who is certified pursuant to chapter 656 of
NRS, the Board shall post a transcript of the meeting on its Internet website
not later than 30 days after the meeting. The Board shall post a transcript of
a closed session of the Board on its Internet website when the Board determines that the matters discussed no longer
require confidentiality and, if applicable, the person whose character,
conduct, competence or health was discussed in the closed session has consented
to the posting.

when the Board
determines that the matters discussed no longer require confidentiality and, if
applicable, the person whose character, conduct, competence or health was
discussed in the closed session has consented to the posting.

6. As
used in this section, request for a proposal has the meaning ascribed to it
in subsection 8 of NRS 333.020.

Sec. 13. NRS 287.0438 is hereby amended to
read as follows:

287.0438 Except for the files of individual members
and former members, the correspondence, files, minutes , audio recordings, transcripts and books of
the Program are , except as
otherwise provided in NRS 241.035, public records.

Sec. 14. NRS 318.085 is hereby amended to
read as follows:

318.085 Except as otherwise provided in NRS 318.0953
and 318.09533:

1. After taking oaths and filing bonds, the board
shall choose one of its members as chairman of the board and president of the
district, and shall elect a secretary and a treasurer of the board and of the
district, who may or may not be members of the board. The secretary and the
treasurer may be one person.

2. The board shall adopt a seal.

3. The secretary shall keep[,]audio recordings or transcripts of all
meetings and, in a well-bound book, a record of all of the boards
proceedings, minutes of all meetings, any certificates, contracts, bonds given
by employees and all corporate acts. [This]Except as otherwise provided in
NRS 241.035, the book
, audio recordings, transcripts and records must be open to
inspection of all owners of real property in the district as well as to all
other interested persons.

4. The treasurer shall keep strict and accurate
accounts of all money received by and disbursed for and on behalf of the
district in permanent records. He shall file with the county clerk, at the
expense of the district, a corporate surety bond in an amount not more than
$50,000, the form and exact amount thereof to be approved and determined,
respectively, by the board of county commissioners, conditioned for the
faithful performance of the duties of his office. Any other officer or trustee
who actually receives or disburses money of the district shall furnish a bond
as provided in this subsection. The board of county commissioners may, upon
good cause shown, increase or decrease the amount of that bond.

5. Each member of a board of trustees of a district
organized or reorganized pursuant to this chapter may receive as compensation
for his service not more than $6,000 per year, payable monthly, if the budget
is adequate and a majority of the members of the board vote in favor of such
compensation, but no member of the board may receive any other compensation for
his service to the district as an employee or otherwise. A member of the board
is not entitled to receive as compensation more than $1,800 per year if the
additional compensation is approved during the term of the member.

Sec. 15. NRS 360.130 is hereby amended to
read as follows:

360.130 1. The Executive Director shall:

(a) Keep audio
recordings or transcripts of all meetings and full and correct
records of all transactions and proceedings of the Nevada Tax Commission, the
State Board of Equalization and the Department.

2. The Nevada Tax Commission shall have the power to
authorize the Executive Director or any other officer of the Department to hold
hearings or make investigations, and upon any such hearing the Executive
Director or officer shall have the authority to examine books, compel the
attendance of witnesses, administer oaths and conduct investigations.

Sec. 16. NRS 361.365 is hereby amended to
read as follows:

361.365 1. Each county board of equalization shall,
at the expense of the county, cause complete minutes and an audio recordingor transcript to be taken at each hearing. [These]In addition to the requirements of
NRS 241.035, these minutes must include the title of all
exhibits, papers, reports and other documentary evidence submitted to the
county board of equalization by the complainant. The clerk of the county board
of equalization shall forward the minutes and audio recordings or transcripts to the
Secretary of the State Board of Equalization.

2. If a transcript of any hearing held before the
county board of equalization is requested by the complainant, he shall furnish
the reporter, pay for the transcript and deliver a copy of the transcript to
the clerk of the county board of equalization and the Secretary of the State
Board of Equalization upon filing an appeal.

Sec. 17. NRS 380.050 is hereby amended to
read as follows:

380.050 1. The members of the board of law library
trustees shall appoint one of their number as president.

2. They shall elect a secretary who shall:

(a) Keep a full statement and account of all property,
money, receipts and expenditures of the board, unless the board delegates that
duty.

(b) Keep a record , [and]
full minutes in writing and an
audio recordingor
transcript of all proceedings of the board. The secretary may
certify to such proceedings, or any part thereof, under his hand.

3. The board of law library trustees, by a majority
vote recorded in the minutes with ayes and noes at length, may:

(a) Define the powers and prescribe the duties of any
and all officers;

(b) Determine the number and elect all necessary
subordinate officers and assistants;

(c) Remove, at its pleasure, any officer or assistant;
and

(d) Fix the salaries of the secretary and other subordinate
officers and assistants.

Sec. 18. NRS 384.070 is hereby amended to
read as follows:

384.070 1. The Commission may establish and maintain
an office in Virginia City, Storey County, Nevada, in which , except as otherwise provided in NRS 241.035,
there [shall]must be at all times open to public inspection
a complete record of applications for certificates of appropriateness and their
disposition, minutes and audio
recordings or transcripts of the Commissions meetings, and any
regulations adopted by the Commission.

2. The Commission shall maintain a library in the
office for the purpose of guiding applicants in their design or embellishment
of the exterior of their buildings, new or remodeled. The library [shall]must consist of, but
not be limited to, documents, paintings, photographs, drawings and histories
descriptive of the period which are deemed appropriate guidelines to the
applicant. A card index system [shall]must also be made and maintained for reference
to more comprehensive information in libraries other than the one maintained by
the Commission.

1. Keep the minutes and audio recordings or transcripts of all
meetings and transactions of the board of trustees.

2. Subject to the written direction of the board of trustees,
draw all orders for the payment of [moneys]money belonging to
the school district.

Sec. 20. NRS 417.160 is hereby amended to
read as follows:

417.160 1. The Nevada Veterans Services Commission
shall annually choose one of its members to serve as Chairman and one of its
members to serve as Vice Chairman.

2. The Executive Director shall provide for the
preparation and maintenance of written minutes for and audio recordings or transcripts of each
meeting of the Veterans Services Commission.

3. Members of the Veterans Services Commission are
entitled to receive:

(a) A salary of not more than $80 per day, as fixed by
the Executive Director, while engaged in the business of the Commission.

(b) A subsistence allowance of not more than $56 per
day, as fixed by the Executive Director, and actual expenses for
transportation, while traveling on business of the Commission.

Sec. 21. NRS 422.110 is hereby amended to
read as follows:

422.110 1. The members of the Board shall meet at
least twice each calendar year to consider any issues related to public
assistance and other programs for which the Welfare Division is responsible
that may be of importance to members of the general public, the Governor or the
Welfare Division, at such places as the Board, the Chairman of the Board, the
State Welfare Administrator or the Director deems appropriate.

2. Four members of the Board constitute a quorum, and
a quorum may exercise all the power and authority conferred on the Board.

3. The Board shall:

(a) At least 14 days before the date it holds a
meeting, provide public notice of the date, time and location of the meeting,
in addition to the notice required pursuant to NRS 241.020.

(b) Keep minutes of all meetings of the Board, which
must include records of testimony and written comments presented to the Board,
and audio recordings or
transcripts of all meetings of the Board and file the minutes and audio recordings or transcripts with
the Welfare Division. [The]Except as otherwise provided in NRS 241.035, the minutes and audio recordings or transcripts
must be maintained as public records.

Sec. 22. NRS 422.224 is hereby amended to
read as follows:

422.224 1. Before adopting, amending or repealing any
regulation for the administration of a program of public assistance or any
other program for which the Welfare Division is responsible, the State Welfare
Administrator shall give at least 30 days notice of his intended action.

2. The notice of intent to act upon a regulation must:

(a) Include a statement of the need for and purpose of
the proposed regulation, and either the terms or substance of the proposed
regulation or a description of the subjects and issues involved, and of the
time when, the place where, and the manner in which, interested persons may
present their views thereon.

(b) Include a statement identifying the entities that
may be financially affected by the proposed regulation and the potential
financial impact, if any, upon local government.

(c) State each address at which the text of the
proposed regulation may be inspected and copied.

(d) Be mailed to all persons who have requested in
writing that they be placed upon a mailing list, which must be kept by the
State Welfare Administrator for that purpose.

3. All interested persons must be afforded a
reasonable opportunity to submit data, views or arguments upon a proposed
regulation, orally or in writing. The State Welfare Administrator shall
consider fully all oral and written submissions relating to the proposed
regulation.

4. The State Welfare Administrator shall keep, retain
and make available for public inspection written minutes and an audio recording or transcript of each
public hearing held pursuant to this section in the manner provided in [subsections
1 and 2 of NRS 241.035.

5. The
State Welfare Administrator may record each public hearing held pursuant to
this section and make those recordings available for public inspection in the
manner provided in subsection 4 of] NRS 241.035.

[6.] 5. No objection to any regulation on the
ground of noncompliance with the procedural requirements of this section may be
made more than 2 years after its effective date.

Sec. 23. NRS 422.2369 is hereby amended to
read as follows:

422.2369 1. Before adopting, amending or repealing
any regulation for the administration of a program of public assistance or any
other program for which the Division of Health Care Financing and Policy is
responsible, the Administrator shall give at least 30 days notice of his
intended action.

2. The notice of intent to act upon a regulation must:

(a) Include a statement of the need for and purpose of
the proposed regulation, and either the terms or substance of the proposed
regulation or a description of the subjects and issues involved, and of the
time when, the place where, and the manner in which, interested persons may
present their views thereon.

(b) Include a statement identifying the entities that
may be financially affected by the proposed regulation and the potential
financial impact, if any, upon local government.

(c) State each address at which the text of the
proposed regulation may be inspected and copied.

(d) Be mailed to all persons who have requested in
writing that they be placed upon a mailing list, which must be kept by the
Administrator for that purpose.

3. All interested persons must be afforded a
reasonable opportunity to submit data, views or arguments upon a proposed
regulation, orally or in writing. The Administrator shall consider fully all
oral and written submissions relating to the proposed regulation.

4. The Administrator shall keep, retain and make
available for public inspection written minutes and an audio recording or transcript of each
public hearing held pursuant to this section in the manner provided in [subsections
1 and 2 of NRS 241.035.

5. The
Administrator may record each public hearing held pursuant to this section and
make those recordings available for public inspection in the manner provided in
subsection 4 of] NRS 241.035.

[6.] 5. An objection to any regulation on the
ground of noncompliance with the procedural requirements of this section may
not be made more than 2 years after its effective date.

Sec. 24. NRS 451.370 is hereby amended to
read as follows:

451.370 The Committee shall keep full and complete
minutes and an audio recording or
transcript of each meeting of the Committee and a complete record
of all dead human bodies received and distributed by it and of the persons to
whom the bodies may be distributed. The minutes , audio recordings, transcripts and records
must be open at all times to the inspection of each member of the Committee and
of the district attorney of any county within the State. A report of the
activities of the Committee must be made before September 1 of each
even-numbered year covering the biennium ending June 30 of such year to the
Presidents of the University and Community College System of Nevada and to the
State Board of Health. One of the members of the Committee from the University
and Community College System of Nevada must act as Secretary and [shall
be]is responsible
for preparing and maintaining a complete file of such minutes , audio recordings, transcripts and
records.

Sec. 25. NRS 497.220 is hereby amended to
read as follows:

497.220 1. The board of adjustment shall adopt rules
in accordance with the provisions of the ordinance or resolution by which it
was created.

2. Meetings of the board [shall]must be held at the
call of the chairman and at such other times as the board may determine.

3. The chairman, or in his absence the acting
chairman, may administer oaths and compel the attendance of witnesses.

4. All hearings of the board [shall]must be public.

5. The board shall:

(a) Keep minutes of its proceedings, showing the vote
of each member upon each question, or, if absent or failing to vote, indicating
such fact[.] , and audio recordings or transcripts
of its proceedings.

(b) Keep records of its examinations and other official
actions, all of which [shall]must immediately be filed in the office of the
board and [shall be a public record.] are public records.

Sec. 26. NRS 513.043 is hereby amended to
read as follows:

513.043 1. The members of the Commission shall select
a Chairman from among their number who shall serve at the pleasure of the
Commission.

2. The Administrator shall serve as Secretary of the
Commission and shall keep the minutes and audio recordings or transcripts of its
proceedings.

Sec. 27. NRS 513.053 is hereby amended to
read as follows:

513.053 1. The Commission shall meet at such times
and at such places as is specified by the call of the Chairman or a majority of
the Commission, but a meeting of the Commission must be held at least once
every 4 months. In case of emergency, special meetings may be called by the
Chairman or by the Administrator.

2. Four members of the Commission constitute a quorum
for transacting the business of the Commission.

3. The minutes and audio recordings or transcripts of each
meeting of the Commission must be filed with the Division.

Sec. 28. NRS 541.110 is hereby amended to
read as follows:

541.110 1. Each director before entering upon his
official duties shall take and subscribe to an oath, before a person authorized
to administer oaths, that he will support the
Constitutions of the United States and the State of Nevada and will honestly,
faithfully and impartially perform the duties of his office.

that he will support the Constitutions of the United States
and the State of Nevada and will honestly, faithfully and impartially perform
the duties of his office.

2. Upon taking oath, the board shall choose one of
their number chairman of the board and president of the district, and shall
elect some suitable person secretary of the board and of the district, who may
or may not be a member of the board. The board shall adopt a seal and shall
keep audio recordings or
transcripts of all meetings and, in a well-bound book , a record of all its
proceedings, minutes of all meetings, certificates, contracts, bonds given by
employees and all corporate acts, which , except as otherwise provided in NRS 241.035, must
be open to inspection of all owners of property in the district, as well as to
all other interested persons.

3. Each member of the board is entitled to receive as
compensation for his service such sum as may be ordered by the board, not in
excess of the sum of $80 per day and actual traveling expenses for each day
spent attending meetings of the board or while engaged in official business
under the order of the board.

Sec. 29. NRS 543.330 is hereby amended to
read as follows:

543.330 1. The board shall meet in July of each year
to organize and choose one of its members as chairman of the board and
president of the district, and elect a secretary of the board and of the
district, who may or may not be a member of the board.

2. The county treasurer is the treasurer of the board
and of the district.

3. The secretary shall keep[,]audio recordings or transcripts of all
meetings and, in a well-bound book, a record of all of the
boards proceedings, minutes of all meetings, certificates, contracts, bonds
given by employees, and all corporate acts, which , except as otherwise provided in NRS 241.035,
must be open to inspection by all owners of real property in the district as
well as other interested persons.

4. The treasurer shall keep strict and accurate
accounts of all money received by and disbursed for and on behalf of the
district[,]
in permanent records.

5. No member of the board may receive compensation for
his services, but members may be reimbursed for their necessary expenses in
attending district meetings and for necessary expenses incurred in traveling
within and without the State when required to carry out the affairs of the
district.

Sec. 30. NRS 561.085 is hereby amended to
read as follows:

561.085 1. The Board shall elect one of its members
as Chairman of the Board.

2. The Director shall act as the nonvoting recording
Secretary of the Board and shall keep the minutes and audio recordings or transcripts of the
proceedings of the Board.

Sec. 31. NRS 561.095 is hereby amended to
read as follows:

561.095 1. The members of the Board may meet at such
times and at such places as may be specified by the call of the Chairman or a
majority of the Board , and
a meeting of the Board may be held regularly at least once every 3 months. In
case of an emergency, special meetings may be called by the Chairman or by the
Director.

2. Six members of the Board constitute a quorum. A
quorum may exercise all the authority conferred on the Board.

3. Minutes and audio recordings or transcripts of each meeting,
regular or special, must be filed with the Department and , except as otherwise provided in NRS 241.035,
are public records.

Sec. 32. NRS 590.505 is hereby amended to read as
follows:

590.505 1. The Board may adopt a seal for its own use
which must have imprinted thereon the words Board for the Regulation of
Liquefied Petroleum Gas. The care and custody of the seal is the
responsibility of the Secretary-Treasurer of the Board.

2. The Board may appoint an Executive Secretary and
may employ or, pursuant to NRS 284.173, contract with such other technical,
clerical or investigative personnel as it deems necessary. The Board shall fix
the compensation of the Executive Secretary and all other employees and independent
contractors. Such compensation must be paid out of the money of the Board. The
Board may require the Executive Secretary and any other employees and
independent contractors to give a bond to the Board for the faithful
performance of their duties, the premiums on the bond being paid out of the
money of the Board.

3. In carrying out the provisions of NRS 590.465 to
590.645, inclusive, and holding its regular or special meetings, the Board:

(a) Shall adopt written policies setting forth
procedures and methods of operation for the Board.

(b) May adopt such regulations as it deems necessary.

4. The Board shall submit to the Legislature and the
Governor a biennial report before September 1 of each even-numbered year,
covering the biennium ending June 30 of that year, of its transactions during
the preceding biennium, including a complete statement of the receipts and
expenditures of the Board during the period and any complaints received by the
Board.

5. The Board shall keep accurate records ,[and]
minutes and audio recordings or
transcripts of all meetings and , except as otherwise provided in NRS 241.035, the
records ,[and]
minutes , audio recordings and
transcripts so kept must be open to public inspection at all
reasonable times. The Board shall also keep a record of all applications for
licenses[,]
and licenses issued by it. The record of applications and licenses is a public
record.

Sec. 33.Section 3.040 of the Charter of the City
of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1221,
is hereby amended to read as follows:

Sec. 3.040 City Clerk: Office; duties. The City Clerk
shall:

1. Keep his office at the place of meeting of the City
Council or some other place convenient thereto, as the City Council may direct.

2. Keep the corporate seal and all papers and records
of the City and keep a record of the proceedings of, and be the Clerk of the
City Council, whose meetings it shall be his duty to attend. Copies of all
papers filed in his office, and transcripts from all records of the City
Council certified by him, under the corporate seal, shall be evidence in all
courts to the same effect as if the original were produced.

3. Supervise and coordinate administrative and
responsible clerical work relating to the functions of the City Council.

6. Direct the transcription and keeping of minutes and
official records and the making
and keeping of audio recordings or transcripts of all City
Council meetings.

7. Countersign official contracts, bonds and other
official City documents.

8. Be the custodian of all official City records,
including contract and agreement documents, resolutions, ordinances, official
minute book and the corporate seal.

9. Make arrangements for special or informal meetings
other than the regular meetings of the City Council.

10. Supervise the operation and maintenance of a
central file system for all departments of the City.

11. Supervise the recruitment of all election workers,
the printing of all ballots and tally of election returns.

12. Serve as custodian of official election records
for all City elections.

13. Administer official oaths for the City.

Sec. 34. Section 7 of the Airport Authority Act
for Battle Mountain, being chapter 458, Statutes of Nevada 1983, at page 1210,
is hereby amended to read as follows:

Sec.7.1. The Board shall elect a Chairman, Vice Chairman,
Secretary and Treasurer, who must be members of the Board. The Secretary and
the Treasurer may be one person. The terms of the officers expire on the date
their successors are elected and qualified in the general election.

2. The Secretary shall keep[,]audio recordings or transcripts of all
meetings of the Board and, in a well-bound book, a record of all
of the proceedings of the Board, minutes of all meetings, certificates,
contracts, bonds given by employees, and all other acts of the Board. [The]Except as otherwise provided in
NRS 241.035, the minute book , audio recordings, transcripts and records
must be open to the inspection of all interested persons, at all reasonable
times and places.

3. The Treasurer shall keep, in permanent records,
strict and accurate accounts of all money received by and disbursed for and on
behalf of the Board and the Authority. He shall file with the County Clerk, at
Authority expense, a corporate fidelity bond in an amount not less than
$25,000, conditioned for the faithful performance of his duties.

Sec. 35. Section 6 of the Airport Authority Act
for Carson City, being chapter 844, Statutes of Nevada 1989, at page 2026,
is hereby amended to read as follows:

Sec.6.1. The Board shall elect a Chairman, Vice Chairman,
Secretary and Treasurer from its members. The Secretary and the Treasurer may
be one person. The terms of the officers expire on July 1 of each odd-numbered
year.

2. The Secretary shall keep audio recordings or transcripts of all meetings of the Board
and a record of all of the proceedings of the Board, minutes of
all meetings, certificates, contracts, bonds given by employees, and all other
acts of the Board. [The]Except as otherwise provided in NRS 241.035, the records
must be open to the inspection of all interested persons, at a reasonable time
and place.

3. The Treasurer shall keep an accurate account of all
money received by and disbursed on behalf of the Board and the Authority. He
shall file with the Clerk of Carson City, at the expense of the Authority, a
fidelity bond in an amount not less than $10,000, conditioned for the faithful
performance of his duties.

Sec. 36. Section 7 of the Airport Authority Act
for Washoe County, being chapter 474, Statutes of Nevada 1977, as last amended
by chapter 413, Statutes of Nevada 2001, at page 2043, is hereby amended to
read as follows:

Sec.7.1. The
Board shall choose one of its members as Chairman and one of its members as
Vice Chairman, and shall elect a Secretary and a Treasurer, who may be members
of the Board. The Secretary and the Treasurer may be one person. The terms of
the officers expire on July 1 of each year.

2. Chairmen must be selected from trustees appointed
by the participating local governments in the following order:

(a) The City of Reno;

(b) The City of Sparks;

(c) Washoe County; and

(d) The County Fair and Recreation Board of Washoe
County.

3. The Secretary shall keep[,]audio recordings or transcripts of all
meetings of the Board and, in a well-bound book, a record of all
of the proceedings of the Board, minutes of all meetings, certificates,
contracts, bonds given by employees, and all other acts of the Board. [The]Except as otherwise provided in
NRS 241.035, the minute book , audio recordings, transcripts and records
must be open to the inspection of all interested persons, at all reasonable
times and places.

4. The Treasurer shall keep, in permanent records,
strict and accurate accounts of all money received by and disbursed for and on
behalf of the Board and the Authority. He shall file with the County Clerk, at
Authority expense, a corporate fidelity bond in an amount not less than
$25,000, conditioned for the faithful performance of his duties.

Sec. 37. Section 9 of the Elko Convention and
Visitors Authority Act, being chapter 227, Statutes of Nevada 1975, as last
amended by chapter 466, Statutes of Nevada 1991, at page 1363, is hereby
amended to read as follows:

Sec. 9.1. The Board shall
adopt a seal, establish a principal place of business and adopt, and thereafter
from time to time amend, if necessary, appropriate rules and regulations not
inconsistent with this act for carrying on the business and affairs of the
Board and of the Authority. Each member shall, upon election or acceptance of
his appointment, file with the Clerk of Elko County his oath of office.

2. No member may receive any compensation as an
employee of the Board or otherwise, and a member of the Board shall not be
interested in any contract or transaction with the Board except in his official
representative capacity.

3. At the first meeting of the Board following each
general authority election, the Board shall choose one of its members as
Chairman and one of its members as Vice Chairman, and shall appoint or hire a Secretary and a Treasurer, who must not be
members of the Board.

appoint or hire a Secretary and a Treasurer, who must not be
members of the Board. The Secretary and Treasurer may not be one person.

4. The Secretary shall keep audio recordings or transcripts of all meetings of the Board
and a record of all of the proceedings of the Board, minutes of
all meetings, certificates, contracts, bonds given by employees, and all other
acts of the Board. [The]Except as otherwise provided in NRS 241.035, the minute
book , audio recordings,
transcripts and records are open to the inspection of all interested
persons, at all reasonable times and places.

5. The Treasurer shall keep, in permanent records,
strict and accurate accounts of all money received by and disbursed for and on
behalf of the Board. The Treasurer shall file with the County Clerk, at the
Authoritys expense, a corporate fidelity bond in an amount not less than $5,000,
conditioned on the faithful performance of the duties of the Treasurer.

6. The Board shall appoint the Elko County Treasurer
and Auditor to act as Treasurer and Auditor of the Authority. The Treasurer and
Auditor may employ such persons as are necessary to carry out the duties of the
Treasurer and Auditor of the Authority. The Board shall determine the salary of
each person employed pursuant to this subsection. The salaries and expenses of
the employees must be paid by the Board from the money of the Authority.

7. The Board shall meet regularly at a time and in a
place to be designated by it. Special meetings may be held as often as the
needs of the Board require, on notice to each Board member.

8. The Board may require from an officer or employee of
the Authority, except a member of the Board, sufficient security for the
faithful and honest performance of his duties. A blanket fidelity bond or
blanket position bond, or other type of bond suitable for public employees or
officers, may be furnished at the expense of the Authority for an officer or
employee of the Authority, in an amount set by the Board and conditioned on the
faithful and honest performance of his duties.

Sec. 38. Section 4 of the Nevada Commission for
the Reconstruction of the V & T Railway Act of 1993, being chapter 566,
Statutes of Nevada 1993, as amended by chapter 42, Statutes of Nevada 2001, at
page 401, is hereby amended to read as follows:

Sec.4.1. Each
commissioner appointed pursuant to paragraph (b), (c), (d) or (e) of subsection
1 of section 3 of this act shall file his oath of office with the clerk of the
county from which he was appointed, and all other commissioners shall file
their oaths of office with the Clerk of Carson City.

2. The commissioners must serve without compensation,
but a Commissioner may be reimbursed for expenses actually incurred by him for
travel authorized by the Commission.

3. The Commission shall elect a Chairman, Vice
Chairman, Secretary and Treasurer from among its members. The Secretary and the
Treasurer may be one person. The terms of the officers expire on July 1 of each
odd-numbered year.

4. The Secretary shall maintain audio recordings or transcripts of all meetings of the
Commission and a record of all of the proceedings of the Commission,
minutes of all meetings, certificates, contracts and
other acts of the Commission.

contracts and other acts of the Commission. [The]Except as otherwise provided in
NRS 241.035, the records must be open to the inspection of all
interested persons at a reasonable time and place.

5. The Treasurer shall keep an accurate account of all
money received by and disbursed on behalf of the Commission. He shall file with
the Clerk of Carson City, at the expense of the Commission, a fidelity bond in
an amount not less than $10,000, conditioned for the faithful performance of
his duties.

Sec. 39. Section 5 of the Nevada Commission for
the Reconstruction of the V & T Railway Act of 1993, being chapter 566,
Statutes of Nevada 1993, at page 2327, is hereby amended to read as
follows:

Sec.5.1. The Commission shall meet
upon the call of the Chairman or a majority of the commissioners.

2. A majority of the commissioners constitutes a
quorum at any meeting.

3. The governing bodies shall each make available an
appropriate meeting room and provide adequate clerical staff and equipment to
provide adequate notice of the meeting and to produce minutes and audio recordings or transcripts of
the meeting and any other assistance necessary to allow the Commission to
comply with the provisions of chapter 241 of NRS.

4. The Commission shall alternate the location of its
meetings among the facilities provided pursuant to subsection 3.

5. A commissioner is not personally liable for any
actions taken or omitted in good faith in the performance of his duties
pursuant to the provisions of this act.

Sec. 40. Section 19 of the Regional Business
Development Advisory Council for Clark County Act, being chapter 7, Statutes of
Nevada 2003, 20th Special Session, at page 269, is hereby amended to read
as follows:

Sec. 19. The Secretary of the Council shall:

1. Record the minutes of each meeting of the Council;

2. Record the attendance at each meeting of the
Council; and

3. Maintain the records ,[and]
minutes and audio recordings or
transcripts of the Council.

Sec. 41. This act becomes effective on July 1, 2005.

________

CHAPTER 374, SB 32

Senate Bill No. 32Committee on Human Resources and
Education

CHAPTER 374

AN ACT relating to
the University and Community College System of Nevada; providing for the
applicability of certain policies established by the Board of Regents in determining
residency for purposes of eligibility for free tuition and certain student
loans; lengthening certain minimum periods of residency required for students
at institutions of the System to qualify for free tuition; expanding the
categories of persons who are entitled to receive free tuition; and providing
other matters properly relating thereto.

(a) Bona fide resident shall be construed in
accordance with the provisions of NRS 10.155[.]and policies established by the Board of
Regents, to the extent that those policies do not conflict with any statute. The
qualification bona fide is intended to assure that the residence is genuine
and established for purposes other than the avoidance of tuition.

(b) Matriculation
has the meaning ascribed to it in regulations adopted by the Board of Regents.

(c) Tuition
charge means a charge assessed against students who are not residents of Nevada
and which is in addition to registration fees or other fees assessed against
students who are residents of Nevada.

2. The Board of Regents may fix a tuition charge for
students at all campuses of the [University of Nevada] System, but
tuition [shall]must be free to:

(a) All students whose families [are]have been bona fide
residents of the State of Nevada[;] for at least 12 months prior to the
matriculation of the student at a university, state college or community
college within the System;

(b) All students whose families reside outside of the
State of Nevada, providing such students have themselves been bona fide
residents of the State of Nevada for at least [6]12 months prior to their matriculation at auniversity, state college or community college within the
[university;] System;

(c) All public school teachers who are employed full
time by school districts in the State of Nevada; [and]

(d) All full-time teachers in private elementary,
secondary and postsecondary educational institutions in the State of Nevada
whose curricula meet the requirements of chapter 394 of NRS[.];

(e) Employees
of the System who take classes other than during their regular working hours;
and

(f) Members
of the Armed Forces of the United States.

3.
In its discretion, the Board of Regents may grant tuitions free each [university]
semester to other worthwhile
and deserving students from other states and foreign countries, in a number not to exceed a
number equal to 3 percent of the total matriculated enrollment of students for
the last preceding fall semester.

Sec. 2. NRS 396.890 is hereby amended to read
as follows:

396.8901.The Board of Regents may administer, directly or through a designated
officer or employee of the System, a program to provide loans for fees, books
and living expenses to students in the nursing programs of the System.

2. Each student to whom a loan is made must:

(a) Have been a bona fide resident of Nevada, as that
term is defined in NRS 396.540 ,[;] for at least 6 months [before
his matriculation]prior to the matriculation of the student in
the System[;] , as that term is defined pursuant to
NRS 396.540;

(b) Be enrolled at the time the loan is made in a
nursing program of the System for the purpose of becoming a licensed practical
nurse or registered nurse;

(c) Fulfill all requirements for classification as a
full-time student showing progression towards completion of the program; and

(d) Maintain at least a 2.00 grade-point average in
each class and at least a 2.75 overall grade-point average, on a 4.0 grading
scale.

3. Each loan must be made upon the following terms:

(a) All loans must bear interest at 8 percent per annum
from the date when the student receives the loan.

(b) Each student receiving a loan must repay the loan
with interest following the termination of his education for which the loan is
made. The loan must be repaid in monthly installments over the period allowed
with the first installment due 1 year after the date of the termination of his
education for which the loan is made. The amounts of the installments must not
be less than $50 and may be calculated to allow a smaller payment at the
beginning of the period of repayment, with each succeeding payment gradually
increasing so that the total amount due will have been paid within the period
for repayment. The period for repayment of the loans must be:

(1) Five years for loans which total less than
$10,000.

(2) Eight years for loans which total $10,000 or
more, but less than $20,000.

(3) Ten years for loans which total $20,000 or
more.

4. A delinquency charge may be assessed on any
installment delinquent 10 days or more in the amount of 8 percent of the
installment or $4, whichever is greater, but not more than $15.

5. The reasonable costs of collection and an
attorneys fee may be recovered in the event of delinquency.

Sec. 3. The
provisions of section 1 of this act apply prospectively and do not affect,
impair or eliminate any existing obligation of the Board of Regents to pay
refunds to students who were charged tuition but who were bona fide residents
of the State of Nevada for at least 6 months before matriculation between 1995
and spring of 2004 that was established by the Board of Regents at its meeting
which was held on March 18-19, 2004.

Sec. 4. Notwithstanding any provision of section 1
of this act to the contrary, each student who is a resident of the State of
Nevada for at least 6 months but less than 12 months before the first day of
instruction for the fall semester of 2005 at the applicable institution within
the Nevada System of Higher Education shall be deemed a bona fide resident
for purposes of that section.

Sec. 5. This act becomes effective on July 1, 2005.

________

CHAPTER 375, SB 489

Senate Bill No. 489Committee on Judiciary

CHAPTER 375

AN ACT relating to
the protection of consumers; prohibiting a person from subleasing a motor
vehicle under certain circumstances; expanding the private right of action for
victims of consumer fraud to include victims of unlawful subleasing of a motor
vehicle; establishing the civil and criminal statutes of limitations for
certain deceptive trade practices; increasing the amount of the civil and criminal penalties
that a court may impose for engaging in certain deceptive trade practices;
providing a penalty; and providing other matters properly relating thereto.

practices;
increasing the amount of the civil and criminal penalties that a court may
impose for engaging in certain deceptive trade practices; providing a penalty;
and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
205 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A person, other than a party to the lease
contract, retail installment contract or security agreement, for compensation or some other
consideration, shall not transfer or assign, or purport to transfer or assign,
any right or interest in a motor vehicle that is subject to a lease contract,
retail installment contract or security agreement the terms of which prohibit
the transfer or assignment of any right or interest in the motor vehicle to any
person who is not a party to the contract or
agreement.

2. A person
shall not assist, cause or arrange for a person to violate the provisions of
subsection 1.

3. This
section does not affect the enforceability of any provision of any lease
contract, retail installment contract, security agreement or direct loan
agreement by any party to the contract or agreement.

4. In addition
to any other penalty, a person who violates the provisions
of this section is guilty of a gross misdemeanor.

5. As used in
this section:

(a) Buyer means
a person who buys or hires a motor vehicle pursuant to a retail installment
contract.

(b) Direct
loan agreement means an agreement between a lender and a purchaser by which
the lender has advanced money pursuant to a loan secured by a motor vehicle which
the purchaser has purchased.

(c) Lease
contract means a contract for or in contemplation of a lease or bailment for
the use of a motor vehicle, and the purchase of services incidental to the
lease or bailment, by a natural person for a term exceeding 4 months, primarily
for personal, family, household, business or commercial purposes.

(d) Lessor
means a person who is engaged in the business of leasing, offering to lease or
arranging the lease of a motor vehicle under a lease contract. The term includes
a bailor.

(e) Motor
vehicle means a motor vehicle which is required to be registered pursuant to
chapter 482 of NRS.

(f) Purchaser
has the meaning ascribed to it in NRS 104.1201.

(g) Retail
installment contract means a retail
installment contract as defined in NRS 97.105 pursuant to which the title to or
lien upon a motor vehicle, which is the subject matter of the retail
installment transaction, is retained or taken by a seller from a buyer as
security for the buyers obligation.

(h) Retail
installment transaction means a transaction in which a buyer purchases a motor
vehicle from a seller pursuant to a retail installment contract which provides
for a finance charge and under which the
buyer agrees to pay the total of payments in one or more installments.

the buyer agrees
to pay the total of payments in one or more installments. As used in this paragraph:

(1) Amount financed means the cash sale price
of the motor vehicle which is the subject matter of a retail installment
contract less the amount of the buyers down payment in money or goods or both,
plus the amounts, if any, included therein, if a separate identified charge is
made therefor and stated in the contract, for insurance and official fees.

(2) Finance charge means the cost of credit
indicated in a dollar amount. The term includes any charge payable directly or
indirectly by the buyer and imposed directly or indirectly by the seller as an
incident to or a condition of the extension of credit. The term does not
include any charge of a type payable in a comparable cash transaction.

(j) Security
agreement has the meaning ascribed to it in NRS 104.9102.

(k) Seller
means a person engaged in the business of selling or leasing motor vehicles pursuant
to retail installment contracts.

Sec. 2. NRS 11.190 is hereby amended to read
as follows:

11.190 Except as otherwise provided in NRS 125B.050
and 217.007, actions other than those for the recovery of real property, unless
further limited by specific statute, may only be commenced as follows:

1. Within 6 years:

(a) An action upon a judgment or decree of any court of
the United States, or of any state or territory within the United States, or
the renewal thereof.

(b) An action upon a contract, obligation or liability
founded upon an instrument in writing, except those mentioned in the preceding
sections of this chapter.

2. Within 4 years:

(a) An action on an open account for goods, wares and
merchandise sold and delivered.

(b) An action for any article charged on an account in
a store.

(c) An action upon a contract, obligation or liability
not founded upon an instrument in writing.

(d) An
action against a person alleged to have committed a deceptive trade practice in
violation of NRS 598.0903 to 598.0999, inclusive, but the action shall be
deemed to accrue when the aggrieved party discovers, or by the exercise of due
diligence should have discovered, the facts constituting the deceptive trade
practice.

3. Within 3 years:

(a) An action upon a liability created by statute,
other than a penalty or forfeiture.

(b) An action for waste or trespass of real property,
but when the waste or trespass is committed by means of underground works upon
any mining claim, the cause of action shall be deemed to accrue upon the
discovery by the aggrieved party of the facts constituting the waste or
trespass.

(c) An action for taking, detaining or injuring
personal property, including actions for specific recovery thereof, but in all
cases where the subject of the action is a domestic animal usually included in
the term livestock, which has a recorded mark or brand upon it at the time of
its loss, and which strays or is stolen from the true
owner without his fault, the statute does not begin to run against an action
for the recovery of the animal until the owner has actual knowledge of such
facts as would put a reasonable person upon inquiry as to the possession
thereof by the defendant.

loss, and which strays or is stolen from the true owner
without his fault, the statute does not begin to run against an action for the
recovery of the animal until the owner has actual knowledge of such facts as
would put a reasonable person upon inquiry as to the possession thereof by the
defendant.

(d) Except as otherwise provided in NRS 112.230 and
166.170, an action for relief on the ground of fraud or mistake, but the cause
of action in such a case shall be deemed to accrue upon the discovery by the
aggrieved party of the facts constituting the fraud or mistake.

(e) An action pursuant to NRS 40.750 for damages
sustained by a financial institution because of its reliance on certain fraudulent
conduct of a borrower, but the cause of action in such a case shall be deemed
to accrue upon the discovery by the financial institution of the facts
constituting the concealment or false statement.

4. Within 2 years:

(a) An action against a sheriff, coroner or constable
upon liability incurred by acting in his official capacity and in virtue of his
office, or by the omission of an official duty, including the nonpayment of
money collected upon an execution.

(b) An action upon a statute for a penalty or
forfeiture, where the action is given to a person or the State, or both, except
when the statute imposing it prescribes a different limitation.

(d) An action against a sheriff or other officer for
the escape of a prisoner arrested or imprisoned on civil process.

(e) Except as otherwise provided in NRS 11.215, an
action to recover damages for injuries to a person or for the death of a person
caused by the wrongful act or neglect of another. The provisions of this
paragraph relating to an action to recover damages for injuries to a person
apply only to causes of action which accrue after March 20, 1951.

5. Within 1 year:

(a) An action against an officer, or officer de facto
to recover goods, wares, merchandise or other property seized by the officer in
his official capacity, as tax collector, or to recover the price or value of
goods, wares, merchandise or other personal property so seized, or for damages
for the seizure, detention or sale of, or injury to, goods, wares, merchandise
or other personal property seized, or for damages done to any person or
property in making the seizure.

(b) An action against an officer, or officer de facto
for money paid to the officer under protest, or seized by the officer in his
official capacity, as a collector of taxes, and which, it is claimed, ought to
be refunded.

Sec. 3. NRS 41.600 is hereby amended to read
as follows:

41.600 1. An action may be brought by any person who
is a victim of consumer fraud.

1. Theft, robbery, burglary, forgery, arson, sexual
assault ,[or]
a violation of NRS 90.570 or a
violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 must
be found, or an information or complaint filed, within 4 years after the
commission of the offense.

2. Any felony other than murder, theft, robbery,
burglary, forgery, arson, sexual assault ,[or]
a violation of NRS 90.570 or a
violation punishable pursuant to paragraph (c) of subsection 3 of NRS 598.0999 must
be found, or an information or complaint filed, within 3 years after the
commission of the offense.

Sec. 5. NRS 598.092 is hereby amended to read
as follows:

598.092 A person engages in a deceptive trade
practice when in the course of his business or occupation he:

1. Knowingly fails to identify goods for sale or lease
as being damaged by water.

2. Solicits by telephone or door to door as a lessor
or seller, unless the lessor or seller identifies himself, whom he represents
and the purpose of his call within 30 seconds after beginning the conversation.

3. Knowingly states that services, replacement parts
or repairs are needed when no such services, replacement parts or repairs are
actually needed.

4. Fails to make delivery of goods or services for
sale or lease within a reasonable time or to make a refund for the goods or
services, if he allows refunds.

5. Advertises or offers an opportunity for investment
and:

(a) Represents that the investment is guaranteed,
secured or protected in a manner which he knows or has reason to know, is false
or misleading;

(b) Represents that the investment will earn a rate of
return which he knows or has reasons to know is false or misleading;

(c) Makes any untrue statement of a material fact or
omits to state a material fact which is necessary to make another statement,
considering the circumstances under which it is made, not misleading;

(d) Fails to maintain adequate records so that an
investor may determine how his money is invested;

(e) Fails to provide information to an investor after a
reasonable request for information concerning his investment;

(f) Fails to comply with any law or regulation for the
marketing of securities or other investments; or

(g) Represents that he is licensed by an agency of the
State to sell or offer for sale investments or services for investments if he
is not so licensed.

6. Charges a fee for advice with respect to investment
of money and fails to disclose:

(a) That he is selling or offering to lease goods or
services and, if he is, their identity; or

(b) That he is licensed by an agency of any state or of
the United States to sell or to offer for sale investments or services for
investments, or holds any other license related to the service he is providing.

7. Notifies any person, by any means, as a part of an
advertising plan or scheme, that he has won a prize and that as a condition of
receiving the prize he must purchase or lease goods or services.

8. Knowingly
misrepresents the legal rights, obligations or remedies of a party to a
transaction.

9. Fails,
in a consumer transaction that is rescinded, cancelled or otherwise terminated
in accordance with the terms of an agreement, advertisement, representation or
provision of law, to promptly restore to a person entitled to it a deposit,
down payment or other payment or, in the case of property traded in but not
available, the agreed value of the property, or fails to cancel within a
specified time or an otherwise reasonable time an acquired security interest.
This subsection does not apply to a person who is holding a deposit, down
payment or other payment on behalf of another if all parties to the transaction
have not agreed to the release of the deposit, down payment or other payment.

10. Fails
to inform customers, if he does not allow refunds or exchanges, that he does
not allow refunds or exchanges by:

(a) Printing a statement on the face of the lease or
sales receipt;

(b) Printing a statement on the face of the price tag;
or

(c) Posting in an open and conspicuous place a sign at
least 8 by 10 inches in size with boldface letters,

Κ specifying
that no refunds or exchanges are allowed.

Sec. 6. NRS 598.0971 is hereby amended to
read as follows:

598.0971 1. If, after an investigation, the
Commissioner has reasonable cause to believe that any person has been engaged
or is engaging in any deceptive trade practice in violation of NRS 598.0903 to
598.0999, inclusive, the Commissioner may issue an order directed to the person
to show cause why the Commissioner should not order the person to cease and
desist from engaging in the practice. The order must contain a statement of the
charges and a notice of a hearing to be held thereon. The order must be served
upon the person directly or by certified or registered mail, return receipt
requested.

2. If, after conducting a hearing pursuant to the
provisions of subsection 1, the Commissioner determines that the person has
violated any of the provisions of NRS 598.0903 to 598.0999, inclusive, or if
the person fails to appear for the hearing after being properly served with the
statement of charges and notice of hearing, the Commissioner may make a written
report of his findings of fact concerning the violation and cause to be served
a copy thereof upon the person and any intervener at the hearing. If the
Commissioner determines in the report that such a violation has occurred, he
may order the violator to:

(a) Cease and desist from engaging in the practice or
other activity constituting the violation;

(b) Pay the costs of conducting the investigation, costs of conducting the
hearing, costs of reporting services, fees for experts and other
witnesses, charges for the rental of a hearing room if such a room is not
available to the Commissioner free of charge, charges for providing an
independent hearing officer, if any, and charges incurred for any service of
process, if the violator is adjudicated to have committed
a violation of NRS 598.0903 to 598.0999, inclusive; and

is adjudicated to have committed a violation of NRS 598.0903
to 598.0999, inclusive; and

(c) Provide restitution for any money or property
improperly received or obtained as a result of the violation.

Κ The order
must be served upon the person directly or by certified or registered mail,
return receipt requested. The order becomes effective upon service in the
manner provided in this subsection.

3. Any person whose pecuniary interests are directly
and immediately affected by an order issued pursuant to subsection 2 or who is
aggrieved by the order may petition for judicial review in the manner provided
in chapter 233B of NRS. Such a petition must be filed within 30 days after the
service of the order. The order becomes final upon the filing of the petition.

4. If a person fails to comply with any provision of
an order issued pursuant to subsection 2, the Commissioner may, through the
Attorney General, at any time after 30 days after the service of the order,
cause an action to be instituted in the district court of the county wherein
the person resides or has his principal place of business requesting the court
to enforce the provisions of the order or to provide any other appropriate
injunctive relief.

5. If the court finds that:

(a) The violation complained of is a deceptive trade
practice;

(b) The proceedings by the Commissioner concerning the
written report and any order issued pursuant to subsection 2 are in the
interest of the public; and

(c) The findings of the Commissioner are supported by
the weight of the evidence,

Κ the court
shall issue an order enforcing the provisions of the order of the Commissioner.

6. An order issued pursuant to subsection 5 may
include:

(a) A provision requiring the payment to the
Commissioner of a penalty of not more than $5,000 for each act amounting to a
failure to comply with the Commissioners order; or

(b) Such injunctive or other equitable or extraordinary
relief as is determined appropriate by the court.

7. Any aggrieved party may appeal from the final
judgment, order or decree of the court in a like manner as provided for appeals
in civil cases.

8. Upon the violation of any judgment, order or decree
issued pursuant to subsection 5 or 6, the Commissioner, after a hearing
thereon, may proceed in accordance with the provisions of NRS 598.0999.

Sec. 7. NRS 598.0973 is hereby amended to
read as follows:

598.0973 1. In any action brought pursuant to NRS
598.0979 to 598.099, inclusive, if the court finds that a person has engaged in
a deceptive trade practice directed toward an elderly or disabled person, the
court may, in addition to any other civil or criminal penalty, impose a civil
penalty of not more than [$10,000]$12,500 for each violation.

(a) The conduct of the person was in disregard of the
rights of the elderly or disabled person;

(b) The person knew or should have known that his
conduct was directed toward an elderly or disabled person; (c) The elderly or disabled person was more vulnerable to the
conduct of the person because of the age, health, infirmity, impaired
understanding, restricted mobility or disability of the elderly or disabled
person;

(c) The elderly or disabled person was more vulnerable
to the conduct of the person because of the age, health, infirmity, impaired
understanding, restricted mobility or disability of the elderly or disabled
person;

(d) The conduct of the person caused the elderly or
disabled person to suffer actual and substantial physical, emotional or
economic damage;

(e) The conduct of the person caused the elderly or
disabled person to suffer:

(1) Mental or emotional anguish;

(2) The loss of the primary residence of the
elderly or disabled person;

(3) The loss of the principal employment or
source of income of the elderly or disabled person;

(4) The loss of money received from a pension,
retirement plan or governmental program;

(5) The loss of property that had been set aside
for retirement or for personal or family care and maintenance;

(6) The loss of assets which are essential to
the health and welfare of the elderly or disabled person; or

(7) Any other interference with the economic
well-being of the elderly or disabled person, including the encumbrance of his
primary residence or principal source of income; or

(f) Any other factors that the court deems to be
appropriate.

Sec. 8. NRS 598.098 is hereby amended to read
as follows:

598.098 1. NRS 598.0903 to 598.0999, inclusive, do
not prohibit the Commissioner or Director from disclosing to the Attorney
General, any district attorney or any law enforcement officer the fact that a
crime has been committed by any person, if this fact has become known as a
result of any investigation conducted pursuant to the provisions of NRS
598.0903 to 598.0999, inclusive.

2. Subject to the provisions of subsection 2 of NRS
598.0979 and except as otherwise provided in this section, the Commissioner or
Director may not make public the name of any person alleged to have committed a
deceptive trade practice. This subsection does not:

(a) Prevent the Commissioner or Director from issuing
public statements describing or warning of any course of conduct which
constitutes a deceptive trade practice.

(b) Apply to a person who is subject to an order issued
pursuant to subsection 5 of NRS 598.0971.

3. Upon request, the Commissioner may:

(a) Disclose the number of written complaints received
by the Commissioner during the current [or]and immediately preceding 3 fiscal [year.] years. A disclosure made
pursuant to this paragraph must include the disposition of the complaint
disclosed.

(b) Make public any order to cease and desist issued pursuant
to subsection 5 of NRS 598.0971.

Κ This
subsection does not authorize the Commissioner to disclose or make public the
contents of any complaint described in paragraph (a) or the record of or any
other information concerning a hearing conducted in relation to the issuance of
an order to cease and desist described in paragraph (b).

4. The Commissioner may adopt regulations authorizing
the disclosure of information concerning any complaint or number of complaints
received by the Commissioner or Director relating to a
person who has been convicted of violating a provision of NRS 598.0903 to
598.0999, inclusive.

by the Commissioner or Director relating to a person who has
been convicted of violating a provision of NRS 598.0903 to 598.0999, inclusive.

Sec. 9. NRS 598.0999 is hereby amended to
read as follows:

598.0999 1. A person who violates a court order or injunction
issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon
a complaint brought by the Commissioner, the Director, the district attorney of
any county of this State or the Attorney General shall forfeit and pay to the
State General Fund a civil penalty of not more than $10,000 for each violation.
For the purpose of this section, the court issuing the order or injunction
retains jurisdiction over the action or proceeding. Such civil penalties are in
addition to any other penalty or remedy available for the enforcement of the
provisions of NRS 598.0903 to 598.0999, inclusive.

2. In any action brought pursuant to the provisions of
NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has
willfully engaged in a deceptive trade practice, the Commissioner, the
Director, the district attorney of any county in this State or the Attorney
General bringing the action may recover a civil penalty not to exceed [$2,500]$5,000 for each
violation. The court in any such action may, in addition to any other relief or
reimbursement, award reasonable attorneys fees and costs.

3. A natural person, firm, or any officer or managing
agent of any corporation or association who knowingly and willfully engages in
a deceptive trade practice:

(a) For the first offense, is guilty of a misdemeanor.

(b) For the second offense, is guilty of a gross
misdemeanor.

(c) For the third and all subsequent offenses, is
guilty of a category D felony and shall be punished as provided in NRS 193.130.

Κ The court may require the natural
person, firm, or officer or managing agent of the corporation or association to
pay to the aggrieved party damages on all profits derived from the knowing and
willful engagement in a deceptive trade practice and treble damages on all
damages suffered by reason of the deceptive trade practice.

4. Any offense which occurred within 10 years
immediately preceding the date of the principal offense or after the principal
offense constitutes a prior offense for the purposes of subsection 3 when
evidenced by a conviction, without regard to the sequence of the offenses and
convictions.

5. If a person violates any provision of NRS 598.0903
to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.305 to 598.395,
inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, or
598.840 to 598.966, inclusive, fails to comply with a judgment or order of any
court in this State concerning a violation of such a provision, or fails to
comply with an assurance of discontinuance or other agreement concerning an
alleged violation of such a provision, the Commissioner or the district
attorney of any county may bring an action in the name of the State of Nevada
seeking:

(a) The suspension of the persons privilege to conduct
business within this State; or

(b) If the defendant is a corporation, dissolution of
the corporation.

Κ The court
may grant or deny the relief sought or may order other appropriate relief.

6. If a person violates any provision of NRS 228.500
to 228.640, inclusive, fails to comply with a judgment or order of any court in
this State concerning a violation of such a provision, or fails to comply with
an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring
an action in the name of the State of Nevada seeking:

violation of such a provision, the Attorney General may bring
an action in the name of the State of Nevada seeking:

(a) The suspension of the persons privilege to conduct
business within this State; or

(b) If the defendant is a corporation, dissolution of
the corporation.

Κ The court
may grant or deny the relief sought or may order other appropriate relief.

Sec. 10. The amendatory provisions of section 2 of
this actapply to a
firm that or a natural person, or any officer or managing agent of any
corporation or association who engaged in a deceptive trade practice before
October 1, 2005, if the applicable statute of limitations has commenced but has
not yet expired on October 1, 2005.

Sec. 11. The amendatory provisions of section 4 of
this act apply to a cause of action:

1. That has accrued before October 1, 2005, if the
applicable statute of limitations has commenced but not yet expired as of
October 1, 2005; or

AN ACT relating to
elections; providing that a primary election must be conducted on the twelfth
Tuesday before a general election in an even-numbered year; revising the
provisions governing areas at public buildings for the use in gathering of
signatures on a petition; revising the provision governing the form for
application to register to vote; revising the provisions governing registering
to vote before an election; providing a penalty; and providing other matters
properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 293 of NRS is hereby amended by
adding thereto a new section to read as follows:

1. A
county clerk may provide the form for the application to register to vote
prescribed by the Secretary of State pursuant to NRS 293.507 to a candidate,
major political party, minor political party or any other person submitting a
request pursuant to subsection 2.

2. A
candidate, major political party, minor political party or other person shall:

(a) Submit a
request for forms for the application to register to vote to the county clerk
in person, by telephone, in writing or by facsimile machine; and

(b) State the
number of forms for the application to register to vote that the candidate,
major political party, minor political party or other person is requesting.

3. The county
clerk may record the control numbers assigned to the forms by the Secretary of
State pursuant to NRS 293.507 of the forms he provided in response to the
request. The county clerk shall maintain a request for multiple applications
with his records.

Secs. 2-4. (Deleted by amendment.)

Sec. 5. NRS 293.127565 is hereby amended to
read as follows:

293.127565 1. At each building that is open to the
general public and occupied by the government of this State or a political
subdivision of this State or an agency thereof, other than a building of a
public elementary or secondary school, an area must be made availablefor the use of any person
to gather signatures on a petition at any time that the building is open to the
public. The area must be reasonable and may be inside or outside of the
building. Each public officer or employee in control of the operation of a
building governed by this subsection shall designate and approve the area
required by this subsection for the building.

2. Before a person may use an area designated pursuant
to subsection 1, the person must notify the public officer or employee in
control of the operation of the building governed by subsection 1 of the dates
and times that the person intends to use the area to gather signatures on a
petition. The public officer or employee may not deny the person the use of the
area.

3. A person aggrieved by a
decision made by a public officer or employee pursuant to subsection 1 or 2 may appeal the
decision to the Secretary of State. The Secretary of State shall review the
decision to determine whether the public officer or employee [designated
a reasonable area as required by]violated subsection 1 [.] or 2. If the Secretary of State
determines that the public officer or employee violated subsection 1 or 2 and
that a person was denied the use of a public building for the purpose of
gathering signatures on a petition, the Secretary of State shall order that the
deadline for filing the petition provided pursuant to NRS 293.128, 293.165,
293.172, 293.200, 295.056, 298.109, 306.035 or 306.110 must be extended for a
period equal to the time that the person was denied the use of a public
building for the purpose of gathering signatures on a petition, but in no event
may the deadline be extended for a period of more than 5 days.

4. The decision of the Secretary of State is a final
decision for the purposes of judicial review. The decision of the Secretary of
State may only be appealed in the First Judicial District Court. If the First Judicial District Court
determines that the public officer or employee violated subsection 1 or 2 and
that a person was denied the use of a public building for the purpose of
gathering signatures on a petition, the Court shall order that the deadline for
filing the petition provided pursuant to NRS 293.128, 293.165, 293.172,
293.200, 295.056, 298.109, 306.035 or 306.110 must be extended for a period
equal to the time that the person was denied the use of a public building for
the purpose of gathering signatures on a petition, but in no event may the
deadline be extended for a period of more than 5 days.

5. The Secretary of State may adopt regulations to
carry out the provisions of subsection 3.

Sec. 6. (Deleted by amendment.)

Sec. 7. NRS 293.165 is hereby amended to read
as follows:

293.165 1. Except as otherwise provided in NRS
293.166, a vacancy occurring in a major or minor political party nomination for
a partisan office may be filled by a candidate designated
by the party central committee of the county or State, as the case may be, of
the major political party or by the executive committee of the minor political
party subject to the provisions of subsections 4 and 5.

may be filled by a candidate designated by the party central
committee of the county or State, as the case may be, of the major political
party or by the executive committee of the minor political party subject to the
provisions of subsections 4 and 5.

2. A vacancy occurring in a nonpartisan nomination
after the close of filing and on or before 5 p.m. of the second Tuesday in [July]June must be filled
by filing a nominating petition that is signed by registered voters of the
State, county, district or municipality who may vote for the office in
question. The number of registered voters who sign the petition must not be
less than 1 percent of the number of persons who voted for the office in
question in the State, county, district or municipality at the last preceding
general election. The petition must be filed not earlier than the first Tuesday
in [June]May and not later than the fourth Tuesday in [July.]June. The petition
may consist of more than one document. Each document must bear the name of one
county and must be signed only by a person who is a registered voter of that
county and who may vote for the office in question. Each document of the
petition must be submitted for verification pursuant to NRS 293.1276 to
293.1279, inclusive, to the county clerk of the county named on the document. A
candidate nominated pursuant to the provisions of this subsection:

(a) Must file a declaration of candidacy or acceptance
of candidacy and pay the statutory filing fee on or before the date the
petition is filed; and

(b) May be elected only at a general election, and his
name must not appear on the ballot for a primary election.

3. A vacancy occurring in a nonpartisan nomination
after 5 p.m. of the second Tuesday in [July]June and on or
before 5 p.m. [of the second Tuesday in September]on the first Tuesday after the primary
election must be filled by the person who receives the next
highest vote for the nomination in the primary.

4. No change may be made on the ballot for the general
election after 5 p.m. [of the second Tuesday in September]on the first Tuesday after the primary
election of the year in which the general election is held. If a
nominee dies after that time and date, his name must remain on the ballot for
the general election and, if elected, a vacancy exists.

5. All designations provided for in this section must
be filed on or before 5 p.m. on the [second Tuesday in
September.]first
Tuesday after the primary election. In each case, the statutory
filing fee must be paid and an acceptance of the designation must be filed on
or before 5 p.m. on the date the designation is filed.

Sec. 8. NRS 293.166 is hereby amended to read
as follows:

293.166 1. A vacancy occurring in a party nomination
for the office of State Senator or Assemblyman from a legislative district
comprising more than one county may be filled as follows, subject to the
provisions of subsections 2 and 3. The county commissioners of each county, all
or part of which is included within the legislative district, shall meet to
appoint a person who is of the same political party as the former nominee and
who actually, as opposed to constructively, resides in the district to fill the
vacancy, under the chairmanship of the chairman of the board of county
commissioners of the county whose population residing within the district is
the greatest. Each board of county commissioners shall first meet separately and
determine the single candidate it will nominate to fill the vacancy. Then, the
boards shall meet jointly and the chairmen on behalf of the boards shall cast a proportionate number of votes according to the percent,
rounded to the nearest whole percent, which the population of its county is of
the population of the entire district.

cast a proportionate number of votes according to the
percent, rounded to the nearest whole percent, which the population of its
county is of the population of the entire district. Populations must be
determined by the last decennial census or special census conducted by the
Bureau of the Census of the United States Department of Commerce. The person
who receives a plurality of these votes is appointed to fill the vacancy. If no
person receives a plurality of the votes, the boards of county commissioners of
the respective counties shall each as a group select one candidate, and the
nominee must be chosen by drawing lots among the persons so selected.

2. No change may be made on the ballot after the [second
Tuesday in September]first Tuesday after the primary election of
the year in which the general election is held. If a nominee dies after that
date, his name must remain on the ballot and, if elected, a vacancy exists.

3. The designation of a nominee pursuant to this
section must be filed with the Secretary of State before 5 p.m. [of
the second Tuesday in September,]on the first Tuesday after the primary election,
and the statutory filing fee must be paid with the designation.

Secs. 9 and 10. (Deleted by amendment.)

Sec. 11. NRS 293.175 is hereby amended to
read as follows:

293.175 1. The primary election must be held on the [first
Tuesday of September]twelfth Tuesday before the general election in
each even-numbered year.

2. Candidates for partisan office of a major political
party and candidates for nonpartisan office must be nominated at the primary
election.

3. Candidates for partisan office of a minor political
party must be nominated in the manner prescribed pursuant to NRS 293.171 to
293.174, inclusive.

4. Independent candidates for partisan office must be
nominated in the manner provided in NRS 293.200.

5. The provisions of NRS 293.175 to 293.203,
inclusive, do not apply to:

(a) Special elections to fill vacancies.

(b) The nomination of the officers of incorporated
cities.

(c) The nomination of district officers whose
nomination is otherwise provided for by statute.

Sec. 12.NRS
293.176 is hereby amended to read as follows:

293.176 1. Except as otherwise provided in subsection
2, no person may be a candidate of a major political party for partisan office
in any election if he has changed:

(a) The designation of his political party affiliation;
or

(b) His designation of political party from nonpartisan
to a designation of a political party affiliation,

Κ on an
application to register to vote in the State of Nevada or in any other state
during the time beginning on [September 1]December 31 preceding the closing filing date
for that election and ending on the date of that election whether or not his
previous registration was still effective at the time of the change in party
designation.

2. The provisions of subsection 1 do not apply to any
person who is a candidate of a political party that was not qualified pursuant
to NRS 293.171 on the [September 1]December 31 next preceding the closing filing
date for the election.

293.345 The county clerk shall mail to each registered
voter in each mailing precinct and in each absent ballot mailing precinct,
before 5 p.m. on the [third Thursday in August]second Thursday before the primary
election and before 5 p.m. on the fourth Tuesday in October of
any year in which a general election is to be held, an official mailing ballot
to be voted by him at the election.

Sec. 29. NRS 293.368 is hereby amended to
read as follows:

293.368 1. Whenever a candidate whose name appears
upon the ballot at a primary election dies after 5 p.m. of the second Tuesday
in [July,]June, his name must remain on the ballot and
the votes cast for the deceased candidate must be counted in determining the
nomination for the office for which the decedent was a candidate.

2. If the deceased candidate on the ballot at the
primary election receives the number of votes required to receive the
nomination to the office for which he was a candidate, except as otherwise
provided in subsection 3 of NRS 293.165, he shall be deemed nominated and there
shall be a vacancy in the nomination that must be filled as provided in NRS
293.165 or 293.166. If the deceased person was a candidate for a nonpartisan
office, the nomination must be filled pursuant to subsection 2 of NRS 293.165.

3. Whenever a candidate whose name appears upon the
ballot at a general election dies after 5 p.m. [of the second Tuesday in
September,]
on the first Tuesday after the primary election, the votes cast
for the deceased candidate must be counted in determining the results of the
election for the office for which the decedent was a candidate.

4. If the deceased candidate on the ballot at the
general election receives the majority of the votes cast for the office, he
shall be deemed elected and the office to which he was elected shall be deemed
vacant at the beginning of the term for which he was elected. The vacancy thus
created must be filled in the same manner as if the candidate had died after
taking office for that term.

Secs. 30 and 31. (Deleted by amendment.)

Sec. 32. NRS 293.505 is hereby amended to
read as follows:

293.505 1. All justices of the peace, except those
located in county seats, are ex officio field registrars to carry out the
provisions of this chapter.

2. The county clerk shall appoint at least one
registered voter to serve as a field registrar of voters who, except as
otherwise provided in NRS 293.5055, shall register voters within the county for
which he is appointed. Except as otherwise provided in subsection 1, a candidate
for any office may not be appointed or serve as a field registrar. A field
registrar serves at the pleasure of the county clerk and shall perform his
duties as the county clerk may direct.

3. A field registrar shall demand of any person who
applies for registration all information required by the application to
register to vote and shall administer all oaths required by this chapter.

4. When a field registrar has in his possession five
or more completed applications to register to vote, he shall forward them to
the county clerk, but in no case may he hold any number of them for more than
10 days.

5. Each field registrar shall forward to the county
clerk all completed applications in his possession immediately after the fifth
Sunday preceding an election. Within 5 days after the fifth Sunday preceding
any general election or general city election, a field registrar shall return
all unused applications in his possession to the county
clerk.

applications in his possession to the county clerk. If all of
the unused applications are not returned to the county clerk, the field
registrar shall account for the unreturned applications.

6. Each field registrar shall submit to the county
clerk a list of the serial numbers of the completed applications to register to
vote and the names of the electors on those applications. The serial numbers
must be listed in numerical order.

7. Each field registrar shall post notices sent to him
by the county clerk for posting in accordance with the election laws of this
State.

8. A field registrar, employee of a voter registration
agency or person assisting a voter pursuant to subsection 12 of NRS 293.5235
shall not:

(a) Delegate any of his duties to another person; or

(b) Refuse to register a person on account of that
persons political party affiliation.

9. A person shall not hold himself out to be or
attempt to exercise the duties of a field registrar unless he has been so
appointed.

10. A county clerk, field registrar, employee of a
voter registration agency or person assisting a voter pursuant to subsection 12
of NRS 293.5235 shall not:

(a) Solicit a vote for or against a particular question
or candidate;

(b) Speak to a voter on the subject of marking his
ballot for or against a particular question or candidate; or

(c) Distribute any petition or other material
concerning a candidate or question which will be on the ballot for the ensuing
election,

Κ while he is
registering an elector.

11. When the county clerk receives applications to
register to vote from a field registrar, he shall issue a receipt to the field
registrar. The receipt must include:

(a) The number of persons registered; and

(b) The political party of the persons registered.

12. A county clerk, field registrar, employee of a
voter registration agency or person assisting a voter pursuant to subsection 12
of NRS 293.5235 shall not:

(a) Knowingly register a person who is not a qualified
elector or a person who has filed a false or misleading application to register
to vote; or

(b) [Alter or deface an application to register to vote that has
been signed by an elector except to correct information contained in the
application after receiving notice from the elector that a change in or
addition to the information is required; or

(c)]
Register a person who fails to provide satisfactory proof of identification and
the address at which he actually resides.

13. A
county clerk, field registrar, employee of a voter registration agency, person
assisting a voter pursuant to subsection 12 of NRS 293.5235 or any other person
providing a form for the application to register to vote to an elector for the
purpose of registering to vote:

(a) If the
person who assists an elector with completing the form for the application to
register to vote retains the form, shall enter his name on the duplicate copy
or receipt retained by the voter upon completion of the form; and

(b) Shall
not alter, deface or destroy an application to register to vote that has been
signed by an elector except to correct information contained in the application after receiving notice from the elector
that a change in or addition to the information is required.

in the
application after receiving notice from the elector that a change in or
addition to the information is required.

14. If
a field registrar violates any of the provisions of this section, the county
clerk shall immediately suspend the field registrar and notify the district
attorney of the county in which the violation occurred.

[14.]15. A person who violates any of the
provisions of subsection 8, 9, 10
,[or] 12 or 13 is guilty of a category E felony and
shall be punished as provided in NRS 193.130.

Sec. 33. NRS 293.507 is hereby amended to
read as follows:

293.507 1. The Secretary of State shall prescribe:

(a) A standard form for applications to register to
vote; and

(b) A special form for registration to be used in a
county where registrations are performed and records of registration are kept
by computer.

2. The county clerks shall provide forms for
applications to register to vote to field registrars in the form and number
prescribed by the Secretary of State.

3. [A]Each form for an application to register to
vote must include a [duplicate copy or receipt to] :

(a) Unique
control number assigned by the Secretary of State; and

(b) Receiptwhich:

(1)
Includes a space for a person assisting a voter in completing the form to enter
his name; and

(2)
May be retained by the applicant upon completion of the form.

4. The form for an application to register to vote
must include:

(a) A line for use by the county clerk to enter:

(1) The number indicated on the voters current
and valid drivers license issued by the Department of Motor Vehicles, if the
voter has such a drivers license;

(2) The last four digits of the voters social
security number, if the voter does not have a drivers license issued by the
Department of Motor Vehicles and does have a social security number; or

(3) The number issued to the voter pursuant to
subsection 5, if the voter does not have a current and valid drivers license
issued by the Department of Motor Vehicles or a social security number.

(b) A line on which to enter the address at which the
voter actually resides, as set forth in NRS 293.486.

(c) A notice that the voter may not list a business as
the address required pursuant to paragraph (b) unless he actually resides
there.

(d) A line on which to enter an address at which the
voter may receive mail, including, without limitation, a post office box or
general delivery.

5. If a voter does not have the identification set
forth in subparagraph (1) or (2) of paragraph (a) of subsection 4, the voter
shall sign an affidavit stating that he does not have a current and valid
drivers license issued by the Department of Motor Vehicles or a social
security number. Upon receipt of the affidavit, the county clerk shall issue an
identification number to the voter which must be the same number as the unique
identifier assigned to the voter for purposes of the statewide voter
registration list.

6. The Secretary of State shall adopt regulations to
carry out the provisions of subsections 3, 4 and 5.

293B.063 No mechanical voting system may be used in
this State unless it meets or exceeds the standards for voting systems
established by the Federal Election Commission [.] pursuant to federal law.

Sec. 34.5.NRS
293B.104 is hereby amended to read as follows:

293B.104 The Secretary of State shall not approve any
mechanical voting system which does not meet or exceed the standards for voting
systems established by the Federal Election Commission [.] pursuant to federal law.

Sec. 35. NRS 293B.354 is hereby amended to
read as follows:

293B.354 1. The county clerk shall, not later than [July
1]June 15 of
each year in which a general election is held, submit to the Secretary of State
for his approval a written plan for the accommodation of members of the general
public who observe the delivery, counting, handling and processing of ballots
at a polling place, receiving center or central counting place.

2. The city clerk shall, not later than January 1 of
each year in which a general city election is held, submit to the Secretary of
State for his approval a written plan for the accommodation of members of the
general public who observe the delivery, counting, handling and processing of
the ballots at a polling place, receiving center or central counting place.

3. Each plan must include:

(a) The location of the central counting place and of
each polling place and receiving center;

(b) A procedure for the establishment of areas within
each polling place and receiving center and the central counting place from
which members of the general public may observe the activities set forth in
subsections 1 and 2;

(c) The requirements concerning the conduct of the
members of the general public who observe the activities set forth in
subsections 1 and 2; and

(d) Any other provisions relating to the accommodation
of members of the general public who observe the activities set forth in
subsections 1 and 2 which the county or city clerk considers appropriate.

Secs. 36-51. (Deleted by amendment.)

Sec. 52. Section 5.020 of the Charter of the City
of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter
100, Statutes of Nevada 1999, at page 274, is hereby amended to read as
follows:

Sec. 5.020 Primary elections; declaration of
candidacy.

1. A candidate for any office to be voted for at an
election must file a declaration of candidacy with the City Clerk. All filing
fees collected by the City Clerk must be deposited to the credit of the General
Fund of the City.

2. If for any general election, there are three or
more candidates for any office to be filled at that election, a primary
election for any such office must be held on the [first Tuesday in September
preceding the]date fixed by the election laws of this State for statewide elections, at
which time there must be nominated candidates for the office to be voted for at
the next general election. If for any general election there are
two or fewer candidates for any office to be filled at that election, their
names must not be placed on the ballot for the primary election but must be
placed on the ballot for the general election.

(a) The names of the two candidates for Municipal
Judge, City Attorney or a particular City Council seat, as the case may be, who
receive the highest number of votes must be placed on the ballot for the
general election.

(b) Candidates for Councilman who represent a specific
ward must be voted upon only by the registered voters of that ward.

(c) Candidates for Mayor and Councilman at large must
be voted upon by all registered voters of the City.

4. The Mayor and all Councilmen must be voted upon by
all registered voters of the City at the general election.

________

CHAPTER 377, SB 22

Senate Bill No. 22Committee on Human Resources and
Education

CHAPTER 377

AN ACT relating to
persons with disabilities; creating the Interagency Advisory Board on
Transition Services within the Office of Disability Services of the Department
of Human Resources to study matters relating to transition services for persons
with disabilities who are transitioning from secondary school to adult living;
providing for the prospective expiration of the Advisory Board; requiring the
Rehabilitation Division of the Department of Employment, Training and
Rehabilitation to establish and administer a program to encourage and
facilitate the purchase of commodities from certain organizations by agencies
of state and local governments; making an appropriation; and providing other
matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 426 of NRS is hereby
amended by adding thereto the provisions set forth as sections 2 to 12,
inclusive, of this act.

Sec. 2. As
used in sections 2 to 12, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 to 6, inclusive, of this
act have the meanings ascribed to them in those sections.

Sec. 3. Advisory
Board means the Interagency Advisory Board on Transition Services created by
section 7 of this act.

Sec. 4. Committee
means the Strategic Plan for People with Disabilities Accountability Committee
established by the Director of the Department as required by Executive Order of
the Office of the Governor and in response to the long-term strategic plan
concerning persons with disabilities developed by the Department pursuant to
paragraph (c) of subsection 1 of section 1 of chapter 541, Statutes of Nevada
2001, at page 2705.

1. Is designed within a process that is
outcome-oriented and which promotes movement of pupils from school to
postschool activities, including, without limitation, postsecondary education,
vocational training, supported employment, integrated employment, continuing
and adult education, adult services, independent living and community
participation;

2. Is based on the preferences and interests of the
pupil, taking into account the pupils needs;

(d) The development of employment objectives and other
objectives for living as an adult after the completion of school; and

(e) If appropriate, the acquisition of daily living
skills and functional vocational evaluation; and

4. Includes an individual plan for employment for a
pupil with a disability who is receiving special education services or other
related services, if the individual plan for employment is developed:

(a) In coordination with the plan for the
individualized education prepared by the school district pursuant to NRS
395.020, including, without limitation, the goals, objectives and services
identified in the plan; and

(b) In accordance with the plans, policies, procedures
and terms of an interlocal agreement between the school district of the pupil
and the Rehabilitation Division of the Department of Employment, Training and
Rehabilitation.

Κ The term includes special education if
provided as specially designed instruction or related services and if required
to assist a pupil with a disability to benefit from special education.

Sec. 7. 1.
The Interagency Advisory Board on Transition Services is hereby created in the
Office.

2. The
Advisory Board consists of the following members:

(a) The Administrator of the Rehabilitation Division
of the Department of Employment, Training and Rehabilitation;

(b) The Superintendent of Public Instruction;

(c) A representative of the Division of Child and
Family Services of the Department, appointed by the Administrator of the
Division of Child and Family Services;

(d) A representative of the Division of Mental Health
and Developmental Services of the Department, appointed by the Administrator of
the Division of Mental Health and Developmental Services;

(e) A member of the Committee, appointed by the
Governor;

(f) A member of the Governors Workforce Investment
Board of the Department of Employment, Training and Rehabilitation, appointed
by the Governor;

(g) A representative of the Nevada Disability Advocacy
and Law Center, or its successor organization, appointed by the Governor;

(h) A representative of the Nevada P.E.P., Inc., or
its successor organization, appointed by the Governor;

(i) A representative of a community-based organization
which provides services to persons with physical, cognitive, sensory and mental
health disabilities, appointed by the Governor;

(j) A representative of the University and Community
College System of Nevada or an entity which provides postsecondary education,
vocational training, supported employment services, integrated employment
services or continuing and adult education, appointed by the Governor;

(k) A representative of a program of education,
including, without limitation, a program of special or vocational education, in
a school district in a county whose population is 400,000 or more, appointed by
the Governor from a list of persons provided to the Governor by the
superintendents of schools in such counties;

(l) A representative of a program of education,
including, without limitation, a program of special or vocational education in
a school district in a county whose population is 100,000 or more but less than
400,000, appointed by the Governor from a list of persons provided to the
Governor by the superintendents of schools in such counties;

(m) A representative of a program of education,
including, without limitation, a program of special or vocational education, in
a school district in a county whose population is less than 100,000, appointed
by the Governor from a list of persons provided to the Governor by the
superintendents of schools in such counties;

(n) A person with a disability who has transitioned
from a secondary school into the workforce, postsecondary education, vocational
training, supported employment, integrated employment, continuing or adult
education, adult services, independent living or community participation,
appointed by the Governor; and

(o) A parent of a person with a disability who is not
younger than 14 years of age or older than 25 years of age, appointed by the
Governor.

3. Each member of the Advisory Board who is an
officer or employee of the State of Nevada or a local government or agency
thereof or a representative of a private entity may designate a representative
to serve in his place on the Advisory Board or to replace him at a meeting of
the Advisory Board if the person designated has the appropriate knowledge and
authority to represent the State of Nevada, local government or agency thereof
or private entity, as applicable, and has been approved by the appointing
authority.

4. Each
appointing authority of a member of the Advisory Board shall:

(a) Solicit
recommendations for the appointment of members to the Advisory Board from the
Committee; and

(b) Appoint to
the Advisory Board persons who represent a broad range of persons with
disabilities and entities serving persons with disabilities.

Sec. 8. 1.
The term of each member is 4 years. A member may be reappointed.

2. A vacancy
occurring in the membership of the Advisory Board must be filled in the same
manner as the original appointment.

Sec. 9. 1.
The Advisory Board shall:

(a) At its first meeting and annually thereafter,
elect a Chairman and Vice Chairman from among its voting members; and

(b) Meet throughout each year at the times and places
specified by a call of the Chairman or a majority of the members of the
Advisory Board.

2. The Director of the Office or his designee shall
act as the nonvoting recording Secretary.

3. The Advisory Board shall prescribe regulations for
its own management and government.

4. A majority of the voting members of the Advisory
Board constitutes a quorum for the transaction of business, and a majority of
the voting members of a quorum present at any meeting is sufficient for any
official action taken by the Advisory Board.

Sec. 10. 1. Members of the Advisory Board serve without compensation, except that
each member of the Advisory Board is entitled, while engaged in the business of
the Advisory Board, to receive the per diem allowance and travel expenses
provided for state officers and employees generally. The per diem allowance and
travel expenses provided to a member of the Advisory Board who is an officer or
employee of the State of Nevada or a political subdivision of this State must
be paid by the state agency or political subdivision which employs him.

2. Each member of the Advisory Board who is an
officer or employee of the State of Nevada or a political subdivision of this
State must be relieved from his duties without loss of his regular compensation
so that he may prepare for and attend meetings of the Advisory Board and
perform any work necessary to carry out the duties of the Advisory Board in the
most timely manner practicable. A state agency or political subdivision of this
State shall not require an officer or employee who is a member of the Advisory
Board to make up the time that he is absent from work to carry out his duties
as a member of the Advisory Board or to use annual vacation or compensatory
time for the absence.

Sec. 11. The Advisory Board may:

1. Study and comment on issues related to transition
services for persons with disabilities in this State, including, without
limitation:

(a) The implementation of recommendations concerning
transition services of the Committee and of the State Rehabilitation Council;

(b) Programs for the provision of transition services
to persons with disabilities in this State;

(c) Methods to enhance such programs and to ensure
that persons with disabilities are receiving transition services in the most
appropriate settings;

(d) Federal and state laws concerning transition
services for persons with disabilities;

(e) The availability of useful information and data
relating to transition services as needed for the State of Nevada to make
decisions effectively, plan budgets and monitor costs and outcomes of
transition services provided to persons with disabilities;

(f) Methods to increase the availability of such
information and data;

(g) Compliance with federal requirements which affect
persons who are receiving transition services;

(h) The extent to which transition services in this
State are provided in compliance with:

(2) The Strategic Plan for People with
Disabilities developed by the Department pursuant to paragraph (c) of
subsection 1 of section 1 of chapter 541, Statutes of Nevada 2001, at page
2705; and

(i) Any other matters that, in the determination of
the Advisory Board, affect persons with disabilities who are receiving
transition services;

2. Hold a statewide annual meeting to gather
information and develop recommendations concerning transition services for persons
with disabilities; and

3. Promote the
planning, coordination, delivery and evaluation of transition services offered
by the State or a local government or agency thereof or any private entity in
this State.

Sec. 12. 1. On or before July 1 of each year, the Advisory Board shall submit an
annual report concerning the provision of transition services to persons with
disabilities in this State to:

(a) The
Governor;

(b) The
Legislative Committee on Persons With Disabilities;

(c) The
Committee;

(d) The State
Rehabilitation Council;

(e) The State
Board of Education; and

(f) The
Department of Education for transmittal to persons within the Department who
are working on issues concerning special education.

2. The annual
report must include, without limitation:

(a) A list of
the members of the Advisory Board;

(b) The dates,
agendas and minutes of each of the meetings of the Advisory Board;

(c) Information
concerning the activities, findings and recommendations of the Advisory Board;

(d) A status
report concerning transition services from:

(1) The
Committee; and

(2) The
State Rehabilitation Council;

(e) A summary
of the availability and status of transition services in this State and the
need for transition services in this State;

(f) Recommendations
for legislation relating to transition services;

(g) Recommendations
to agencies and officers of the Executive Branch of the State Government
relating to transition services; and

(h) Recommendations
to providers of community-based services who provide services to persons with
disabilities relating to transition services.

Sec. 13. NRS 426.205 is hereby amended to
read as follows:

426.205 As used in NRS 426.205 to 426.295, inclusive, and sections 2 to 12, inclusive, of
this act, unless the context otherwise requires, the words and
terms defined in NRS 426.215 and 426.225 have the meanings ascribed to them in
those sections.

Sec. 14. NRS 334.025 is hereby amended to
read as follows:

334.025 1. [If the Governor has
created a Committee on Employment of Persons with Disabilities, the Committee]The Rehabilitation Division of the
Department of Employment, Training and Rehabilitation shall
establish and administer
a Program to Encourage and Facilitate Purchases by Agencies of Commodities and
Services from Organizations.

2. The Program may include:

(a) A method for assisting an agency that wishes to
purchase commodities or services from an organization to locate such
commodities and services that meet the needs of the agency;

(b) A method for assisting an organization to locate an
agency that wishes to purchase commodities or services from organizations;

(c) A method for encouraging agencies to purchase
commodities and services from organizations;

(d) A method to review objections to an award of a
contract to an organization, which method must be limited to a review of the
process used for awarding the contract to ensure that the appropriate
procedures were followed in awarding the contract;

(e) The establishment of a percentage, not to exceed 4
percent, of the full amount of payment to an organization which is awarded a
contract for all commodities and services to be provided to the agency pursuant
to the contract that is sufficient to pay the cost to the [Committee]Rehabilitation Division
of establishing and administering the program; and

(f) A method for collecting information from an agency
in a report to the [Committee,]Rehabilitation Division, which report may
include, without limitation:

(1) The number of persons currently employed at
the agency who are mentally or physically disabled; and

(2) The number of contracts the agency has
entered into pursuant to the program which are currently in effect and a list
of the organizations with which the agency has entered such contracts.

3. In administering the Program, the [Committee
on Employment of Persons with Disabilities]Rehabilitation Division shall,
upon request of an agency or organization, assist the agency or organization in
establishing a contract for the purchase of commodities or services.

4. A contract entered into pursuant to the Program
must provide for a payment to the [Committee]Rehabilitation Division
in an amount equal to the full amount of payment to the organization for all
commodities and services to be provided to the agency pursuant to the contract
multiplied by the percentage established pursuant to paragraph (e) of subsection
2.

5. As used in this section:

(a) Agency means a local government as defined in NRS
332.015 and using agencies as defined in NRS 333.020.

(b) Organization means an organization whose primary
purpose is the training and employment of mentally or physically disabled
persons, including, without limitation, community-based training centers for
the care and training of mentally and functionally retarded persons described
in chapter 435 of NRS.

Sec. 15. Section 12 of this act is hereby
amended to read as follows:

Sec. 12.
1. On or before July 1 of each year, the Advisory Board shall submit an annual
report concerning the provision of transition services to persons with
disabilities in this State to:

(a) The
Governor;

(b) The Director of the Legislative
[Committee on Persons with Disabilities;] Counsel Bureau for transmittal to the
Legislature;

(c) The
Committee;

(d) The
State Rehabilitation Council;

(e) The
State Board of Education; and

(f) The
Department of Education for transmittal to persons within the Department who
are working on issues concerning special education.

(b) The
dates, agendas and minutes of each of the meetings of the Advisory Board;

(c) Information
concerning the activities, findings and recommendations of the Advisory Board;

(d) A
status report concerning transition services from:

(1)
The Committee; and

(2)
The State Rehabilitation Council;

(e) A
summary of the availability and status of transition services in this State and
the need for transition services in this State;

(f) Recommendations
for legislation relating to transition services;

(g) Recommendations
to agencies and officers of the Executive Branch of the State Government
relating to transition services; and

(h) Recommendations to providers of community-based
services who provide services to persons with disabilities relating to
transition services.

Sec. 16. 1. There
is hereby appropriated from the State General Fund to the Department of Human
Resources for the purpose of carrying out the provisions of this act:

For the Fiscal
Year 2005-2006....................................................... $25,909

For the Fiscal
Year 2006-2007....................................................... $26,254

2. Any balance of the sums
appropriated by subsection 1 remaining at the end of the respective fiscal
years must not be committed for expenditure after June 30 of the respective fiscal
years and must be reverted to the State General Fund on or before September 15,
2006, and September 21, 2007, respectively.

Sec. 17. The
Rehabilitation Division of the Department of Employment, Training and
Rehabilitation shall submit a report concerning its progress in establishing
and administering a Program to Encourage and Facilitate Purchases by Agencies
of Commodities and Services from Organizations pursuant to NRS 334.025, on or
before:

1. October 1, 2005, to the
Legislative Committee on Persons with Disabilities established pursuant to NRS
218.53791; and

2. December 31, 2006, to the Director of the Legislative
Counsel Bureau for transmission to the 74th Session of the Nevada Legislature.

Sec. 18. 1. This section and sections 1 to 14, inclusive,
and 17 of this act become effective upon passage and approval and expire by
limitation on June 30, 2013.

2. Section 16 of this act
becomes effective on July 1, 2005.

3. Section 15 of this act becomes effective on July 1,
2007, and expires by limitation on June 30, 2013.

________

CHAPTER 378, SB 235

Senate Bill No. 235Senator McGinness

CHAPTER 378

AN ACT relating to
hospital districts; revising provisions relating to the procedure for the
dissolution of hospital districts in certain smaller counties; and providing
other matters properly relating thereto.

Section 1. Chapter
450 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 6, inclusive, of this act.

Sec. 2. In
a county whose population is less than 400,000:

1. Except as
otherwise provided in subsection 2, if a majority of the members of the board
of county commissioners determine that it is in the best interests of the
county and of the hospital district that the hospital district be dissolved,
the board of county commissioners shall so determine by ordinance, after there
is first found, determined and recited in the ordinance that:

(a) All
outstanding indebtedness and bonds of all kinds of the hospital district have
been paid; and

(b) The services
of the hospital district are no longer needed or can be more effectively
performed by an existing unit of government.

2. If the
hospital district includes territory within more than one county, the hospital
district may be dissolved only if a majority of the members of the board of
county commissioners of each county included within the district take the
actions described in subsection 1.

3. In
determining pursuant to subsection 1 whether the dissolution of a hospital
district is in the best interests of the county and of the hospital district, a
board of county commissioners must consider, without limitation, whether:

(a) The
hospital district is capable of providing sufficient health care services to
the residents of the county or counties within the territory of the hospital
district in an economical manner;

(b) The
basic health care needs of the residents of the county or counties within the
territory of the hospital district will be met if the hospital district is
dissolved;

(c) There
have been substantial changes in the financial status of the hospital district
during the immediately preceding 2 years; and

(d) There
has been an increased tax burden on the residents of the county or counties
within the territory of the hospital district during the immediately preceding
2 years.

4. The
county clerk of each county within which any territory of the hospital district
is located shall thereupon certify a copy of the ordinance to the board of
trustees of the hospital district and shall mail written notice to all
qualified electors who reside within the hospital district in his county,
containing:

(a) The
adoption of the ordinance;

(b) The
determination of the board of county commissioners of that county that the
district should be dissolved; and

(c) The
time and place for the hearing on the dissolution.

Sec. 3. 1.
On or before the date fixed for the hearing on the dissolution of a hospital
district, any qualified elector who resides within the hospital district may
protest against the dissolution of the hospital district by filing a written
protest with the county clerk of the county in which he resides.

2. If, at
or before the time fixed by the ordinance and notice, written protest is filed
pursuant to subsection 1 by a majority of the qualified electors who reside
within the hospital district, the hospital district must not be dissolved. If
any written protests are filed and:

(a) If the
hospital district does not include territory within more than one county, the
board of county commissioners determines that the protests so filed represent
less than a majority of the qualified electors who reside within the hospital
district, the board may complete the dissolution by the adoption of a final
ordinance of dissolution, which ordinance must contain a recital of the
protests, and the recital is binding and conclusive for all purposes; or

(b) If the
hospital district includes territory within more than one county, the board of
county commissioners of each county included within the hospital district
determines that the protests so filed represent less than a majority of the
qualified electors who reside within the hospital district, the dissolution may
be completed by the adoption of a final ordinance of dissolution by the board
of county commissioners of each county included within the hospital district,
which ordinance must contain a recital of the protests, and the recital is
binding and conclusive for all purposes.

Sec. 4. Except as otherwise provided in subsection 2 of section 3 of
this act, at the
place, date and hour specified for the hearing on the dissolution of a hospital
district in the notice mailed pursuant to section 2 of this act or at any
subsequent time to which the hearing may be adjourned, the board of county
commissioners of each county within which any territory of the hospital
district is located shall give full consideration to all protests which have
been filed pursuant to section 3 of this act and shall hear all persons
desiring to be heard and shall thereafter adopt either the final ordinance of
dissolution or an ordinance determining that the hospital district must not be
dissolved. The dissolution may be completed by the adoption of a final
ordinance of dissolution by the board of county commissioners of each county
included within the hospital district.

Sec. 5. Within
30 days after the effective date of each ordinance which is required for the
dissolution of a hospital district pursuant to section 3 or 4 of this act, each
county clerk shall file a copy of the ordinance in his office and shall cause
to be filed an additional copy of the ordinance in the Office of the Secretary of
State, which filings must be without fee and must otherwise be filed in the
same manner as articles of incorporation are required to be filed under chapter
78 of NRS.

Sec. 6. In
a county whose population is less than 400,000:

1. All outstanding and unpaid tax sales and levies and all
special assessment liens of a dissolved hospital district are valid and remain
a lien against the property against which they are assessed or levied until
paid, subject to the limitations of liens provided by general law. Taxes and
special assessments paid after the dissolution of a hospital district must be
placed in the general fund of the county in which the district hospital was
located.

2. The
board of county commissioners of the county in which the district hospital was
located has the same power to enforce the collection of all special assessments
and outstanding tax sales of the hospital district as the hospital district had
if it had not been dissolved.

450.550 As used in NRS 450.550 to [450.750,]450.760, inclusive, and sections 2 to 6, inclusive, of this
act, unless the context otherwise requires:

1. Board of trustees means:

(a) A board of hospital trustees:

(1) Elected pursuant to NRS 450.620 and a
physician who is appointed pursuant to subsection 1 of NRS 450.640, if
applicable; or

(2) Appointed pursuant to NRS 450.625 and a
physician who is appointed pursuant to subsection 1 of NRS 450.640, if
applicable; or

(b) A board of county commissioners, if that board
enacts an ordinance which provides that the board of county commissioners is,
ex officio, the board of hospital trustees, and a physician who is appointed
pursuant to subsection 1 of NRS 450.640, if applicable.

1. [If, after a hearing, the board of county commissioners
determines that the dissolution of a hospital district is necessary, the board
shall by resolution provide for the dissolution of the hospital district. On
and after the filing of the resolution with the county recorder, the hospital
district shall be deemed dissolved.

2.]
Before dissolving a hospital district pursuant to [subsection 1,]this section and sections 2 to 6,
inclusive, of this act, the board of county commissioners of the county in which the district
hospital is located shall determine whether the proceeds from the
taxes currently being levied in the hospital district, if any, for the operation of the
hospital and the repayment of debt are sufficient to repay any outstanding
obligations of the hospital district within a reasonable period after the
dissolution of the hospital district.
If there are no taxes currently being levied for the hospital district or the
taxes being levied are not sufficient to repay the outstanding obligations of
the hospital district within a reasonable period after the dissolution of the hospital district, before
dissolving the hospital district
pursuant to [subsection 1 the]this section and sections 2 to 6, inclusive, of this act:

(a) If the
hospital district does not include territory within more than one county, the board
of county commissioners may levy a property tax on all of the taxable property
in the hospital district
that is sufficient, when combined with any revenue from taxes currently being
levied in the hospital district,
to repay the outstanding obligations of the hospital district within a
reasonable period after the dissolution of the hospital district[.] ; or

(b) If the
hospital district includes territory within more than one county, the board of
county commissioners of each county within which any territory of the hospital
district is located may levy a property tax on all of the taxable property in
the county that is within the hospital district that is sufficient, when
combined with any revenue from taxes currently being levied in the hospital
district, to repay the outstanding obligations of the hospital district within
a reasonable period after the dissolution of the hospital district.

2. The
allowed revenue from taxes ad valorem determined pursuant to NRS 354.59811 does
not apply to any additional property tax levied pursuant to [this
subsection.]subsection
1. If the hospital district is being managed by the Department of Taxation pursuant to NRS 354.685 to 354.725,
inclusive, at the time of dissolution, the rate levied pursuant to [this]
subsection 1 must not be included in the total ad valorem tax levy for the
purposes of the application of the limitation in NRS 361.453, but the rate
levied when combined with all other overlapping rates levied in the State must
not exceed $4.50 on each $100 of assessed valuation.

the Department of Taxation pursuant to NRS 354.685 to
354.725, inclusive, at the time of dissolution, the rate levied pursuant to [this]
subsection 1 must
not be included in the total ad valorem tax levy for the purposes of the
application of the limitation in NRS 361.453, but the rate levied when combined
with all other overlapping rates levied in the State must not exceed $4.50 on
each $100 of assessed valuation. [The]A board of county
commissioners shall discontinue any rate levied pursuant to [this]
subsection 1 on a
date that will ensure that no taxes are collected for this purpose after the
outstanding obligations of the hospital district have been paid in full.

3. If, at the time of the dissolution of the hospital
district[,]pursuant to this section and
sections 2 to 6, inclusive, of this act, there are any
outstanding loans, bonded indebtedness or other obligations of the hospital
district,including,
without limitation, unpaid obligations to organizations such as the Public
Employees Retirement System, unpaid salaries or unpaid loans made to the
hospital district by the county, the taxes being levied in the hospital district at the
time of dissolution must continue to be levied and collected in the same manner
as if the hospital district had not been dissolved until all outstanding
obligations of the hospital district
have been paid in full, but for all other purposes , the hospital district shall be [deemed]considered dissolved
from the [time the resolution is filed pursuant to subsection 1.] date on which each board of county
commissioners of each county included within the hospital district has adopted
a final ordinance of dissolution pursuant to section 3 or 4 of this act.

4. If the hospital district is being managed by the
Department of Taxation pursuant to NRS 354.685 to 354.725, inclusive, at the
time of dissolution, the management ceases upon dissolution, but the board of
county commissioners of the county
in which the district hospital was located shall continue to make
such financial reports to the Department of Taxation as the Department deems
necessary until all outstanding obligations of the hospital district have been
paid in full.

5. The property of the dissolved hospital district may
be retained by the board of county commissioners of the county in which the district hospital was located for
use as a hospital or disposed of in any manner the board deems appropriate.

6. Any
proceeds of the sale or other transfer of the property of the dissolved
hospital district and any proceeds from taxes which had been levied and
received by the hospital district before dissolution, whether levied for operating
purposes or for the repayment of debt, must be used by the board of county
commissioners of the county in
which the district hospital was located to repay any indebtedness
of the hospital district.

________

CHAPTER 379, SB 281

Senate Bill No. 281Senator Washington

CHAPTER 379

AN ACT relating to
welfare; requiring the Division of Health Care Financing and Policy of the
Department of Human Resources to determine and report certain information
concerning the uncompensated care percentage for hospitals in larger counties;
and providing other matters properly relating thereto.

Section 1. Chapter 422 of NRS is hereby
amended by adding thereto a new section to read as follows:

1. The Division of Health Care Financing and Policy shall
determine for each hospital that is located in a county whose population is
100,000 or more the uncompensated care percentage of the hospital for the
preceding fiscal year.

2. Based on the determinations made pursuant to
subsection 1, the Division of Health Care Financing and Policy shall determine
for each county whose population is 100,000 or more the arithmetic mean of the
percentages determined pursuant to subsection 1 of all hospitals in the county.

3. Each hospital shall provide to the Division of
Health Care Financing and Policy any information requested by the Division that
the Division determines is necessary to make a determination pursuant to this
section.

4. The Division of Health Care Financing and Policy
shall at least once each year prepare and submit a report concerning the
determinations it makes pursuant to this section to:

(a) The Legislative Commission;

(b) The Interim Finance Committee; and

(c) The Legislative Committee on Health Care.

5. As used in this section, uncompensated care percentage
has the meaning ascribed to it in NRS 422.387.

Sec. 2.NRS 422.380 is hereby amended to read
as follows:

422.380 As used in NRS 422.380 to 422.390, inclusive, and section 1 of this act, unless
the context otherwise requires:

2. Hospital has the meaning ascribed to it in NRS
439B.110 and includes public and private hospitals.

3. Public hospital means:

(a) A hospital owned by a state or local government,
including, without limitation, a hospital district; or

(b) A hospital that is supported in whole or in part by
tax revenue, other than tax revenue received for medical care which is provided
to Medicaid patients, indigent patients or other low-income patients.

Sec. 3. This act becomes effective upon passage and
approval.

________

CHAPTER 380, SB 346

Senate Bill No. 346Senator Lee

CHAPTER 380

AN ACT relating to
the Legislators Retirement System; providing for
the voluntary participation of a Legislator in the Legislators Retirement
System; and providing other matters properly relating thereto.

Section 1. Chapter
218 of NRS is hereby amended by adding thereto a new section to read as
follows:

1. A
Legislator may, within 30 days after he is first elected or appointed to
office, elect not to participate as a member of the Legislators Retirement
System by submitting a written notice thereof to the Board and the Director of
the Legislative Counsel Bureau.

2. A
Legislator may terminate his participation as a member of the System by sending
written notice thereof to the Board and the Director of the Legislative Counsel
Bureau.

3. A
Legislator who terminates his participation as a member of the Legislators
Retirement System is not eligible thereafter to participate as a member of the
System.

Sec. 2. NRS 218.2381 is hereby amended to
read as follows:

218.2381 1. Except as otherwise provided in NRS
286.385 or section 1 of this act
or required as a result of NRS 218.23815, each Legislator [shall] must be a member of the
Legislators Retirement System and shall make contributions to the Legislators
Retirement Fund in the amounts and manner provided in NRS 218.2371 to 218.2395,
inclusive.

2. Within 5 days after the commencement of each
regular or special session of the Legislature, each Legislator who is a member of the Legislators
Retirement System and who has not previously filed a beneficiary
designation form with the Board shall file with the Board, upon a form provided
by the Board, the designation of a beneficiary who is entitled to receive the
contributions of the Legislator in case of death before retirement or
termination of services as a Legislator and subsequent withdrawal of
contributions. If no beneficiary is designated, payment must be made to the
estate of the deceased Legislator. Payment may be made directly to the
designated beneficiary without probate or administration of the estate of the
deceased Legislator.

3. A beneficiary may be changed at any time by written
notice given by a Legislator to the Board on a form prescribed by the Board.

Sec. 3. NRS 218.2382 is hereby amended to
read as follows:

218.2382 1. Except as otherwise provided in subsection 2[:] , for a Legislator who is a member of
the Legislators Retirement System:

(a) Service credit for retirement under the
Legislators Retirement System [shall begin]begins on the first day of the year of
election to the office of Legislator and [shall terminate]terminates on the
first day of the year following the election of a successor. The service credit
for a person appointed to an unexpired term shall be deemed to have begun on
the first day of the year of [such]the appointment.

(b) Service credit shall be deemed to terminate on the
first day of the year following the expiration of any term during which a
Legislator dies, resigns or is removed from office.

2. Service credit for a Legislator who takes office on
or after July1,
1975, and who is a member of the
Legislators Retirement System begins on the day after his
election or appointment and terminates on the day of
election of his successor, unless sooner terminated on the day of his death,
resignation or removal from office.

election of his successor, unless sooner terminated on the
day of his death, resignation or removal from office.

Sec. 4. NRS 218.23831 is hereby amended to
read as follows:

218.23831 Except as otherwise required as a result of
NRS 218.23815:

1. Any member of the Legislators Retirement System
may purchase all previous creditable service performed in the Legislature if
the service was performed before the creation of this System. The Director of
the Legislative Counsel Bureau must certify the inclusive dates of service of
the Legislator to validate the service. The Legislator must pay the Boards
actuary for a computation of costs and pay the full cost as determined by the
actuary.

2. Any Legislator who is a member of the Legislators Retirement System
may purchase credit for any period of service for which contributions were not
paid while the Legislator was receiving temporary total disability benefits for
an industrial injury, if the injury was sustained in performance of his
legislative duties for which contributions were required. The Legislator must
pay the Boards actuary for any necessary computation[,]
and must also pay the full actuarial costs determined by the actuary.

3. Any Legislator who has 5 years of contributing
creditable service may purchase up to 5 years of out-of-state service performed
with any federal, state, county or municipal public agency if that service is
no longer creditable in another public retirement system. To validate such
service, the Legislator must obtain a certification of the inclusive dates of
previous service performed with the other public agency, together with
certification from that agency that his credit is no longer creditable in
another public retirement system. Upon application to retire, the Board shall [ascertain
whether or not]determine whether the purchased service has
been reestablished in any other public retirement system. The Legislator must
pay the Boards actuary for the computation and pay the full actuarial cost as
determined by the actuary. For the purposes of this subsection, the Federal
Old-Age and Survivors Insurance System is not a public retirement system.

4. Any Legislator who has at least 5 years of
contributing creditable service may purchase [up to]not more than 5
years of military service regardless of when served if the service is no longer
credited in the military retirement system. To validate military service, the
Legislator must provide certification of the inclusive dates of active military
service performed, pay the Boards actuary for the computation and pay the full
actuarial cost as determined by the actuary.

5. Any contributing Legislator may purchase previous
service performed for any public employer which is not already credited in the
Legislators Retirement System, including service as an elected officer or a
person appointed to an elective office for an unexpired term. The former public
employer must certify the inclusive dates of employment and number of hours
regularly worked by the Legislator to validate such service. The Legislator
must pay the Boards actuary for a computation of cost and pay the full cost as
determined by the actuary.

Sec. 5. NRS 218.2387 is hereby amended to
read as follows:

218.2387 Except as otherwise provided in NRS 286.385,
the Director of the Legislative Counsel Bureau shall:

1. Deduct from the compensation of each Legislator who is a member of the Legislators
Retirement System an amount equal to 15 percent of the gross
compensation earned as a Legislator and transmit that amount to the Board together with the necessary forms prescribed by the
Board at intervals designated by the Board; and

Board together with the necessary forms prescribed by the
Board at intervals designated by the Board; and

2. Pay to the Board from the Legislative Fund an
amount as the contribution of the State of Nevada as employer which is
actuarially determined to be sufficient to provide the System with enough money
to pay all benefits for which the System will be liable.

Sec. 6. NRS 218.23907 is hereby amended to
read as follows:

218.23907 1. The Board shall not change the actuarial
assumptions used in computing the benefits provided to a Legislator[.] who is a member of the Legislators
Retirement System.

2. The Board shall make available to every Legislator
upon request the actuarial assumptions used in computing the benefits provided
to a member.

Sec. 7. NRS 218.2391 is hereby amended to
read as follows:

218.2391 1. At the time of retirement a Legislator who is a member of the Legislators
Retirement System may, at his election, choose to receive a
reduced service retirement allowance of equivalent actuarial value payable
during the members life with the provision that it [shall]
continue after his death:

(a) For the life of the beneficiary whom he nominates
by written designation [duly] that is acknowledged and filed with the Board
at the time of retirement; or

(b) At one-half the rate paid to him and [shall]must be paid at such
rate for the life of the beneficiary whom he nominates by written designation [duly]that is acknowledged
and filed with the Board at the time of retirement.

2. If the designated beneficiary predeceases the
Legislator, the Legislator may [then] receive the full allowance due him
at the time of retirement less the actuarial equivalent of the protection received
from the time of retirement to the death of the beneficiary. [Such]The adjusted
allowance [shall become]is effective on the first day of the month
succeeding the death of the beneficiary.

Sec. 8. NRS 218.2392 is hereby amended to
read as follows:

218.2392 1. The provisions of NRS 286.671 to 286.679,
inclusive, except NRS 286.6775, relating to benefits for survivors pursuant to
the Public Employees Retirement System, are applicable to [a Legislators
dependents, and such]the dependents of a Legislator who is a member of the
Legislators Retirement System, and the benefits for the survivors [shall]must be paid by the
Board following the death of [a]the Legislator to the persons entitled thereto
from the Legislators Retirement Fund.

2. It is declared that of the contributions required
by subsections 1 and 2 of NRS 218.2387 one-half of 1 percent [shall]must be regarded as
costs incurred in benefits for survivors.

Sec. 9. NRS 218.2393 is hereby amended to
read as follows:

218.2393 1. A person receiving a retirement allowance
under NRS 218.2371 to 218.2395, inclusive, who is elected or appointed to the
Legislature may not receive a retirement allowance during the period [of
time] in which he serves as a Legislator. Upon reentry
into retirement he may receive a retirement allowance based upon his previous
service and his added service[.] , if he is a member of the Legislators
Retirement System during the period of his added service.

AN ACT relating to
real property; requiring certain governmental entities to conduct certain sales
and other disposals of certain public lands and real property by public auction
or upon sealed bids followed by oral offers; and providing other matters
properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 321 of NRS is hereby amended by
adding thereto a new section to read as follows:

1.Except
as otherwise provided in subsection 5, NRS 322.063, 322.065 or 322.075, except
as otherwise required by federal law and except for land that is sold or leased
pursuant to an agreement entered into pursuant to NRS 277.080 to 277.170,
inclusive, when offering any land for sale or lease, the State Land Registrar
shall:

(a)Obtain
two independent and confidential appraisals of the land before selling or
leasing it. The appraisals must have been prepared not more than 6 months
before the date on which the land is offered for sale or lease.

(b)Notwithstanding
the provisions of chapter 333 of NRS, select the two independent appraisers
from the list of appraisers established pursuant to subsection 2.

(c) Verify the qualifications of each appraiser
selected pursuant to paragraph (b). The determination of the State Land
Registrar as to the qualifications of an appraiser is conclusive.

2. The State Land Registrar shall adopt regulations
for the procedures for creating or amending a list of appraisers qualified to
conduct appraisals of land offered for sale or lease by the State Land
Registrar. The list must:

(a)Contain
the names of all persons qualified to act as a general appraiser in the same
county as the land that may be appraised; and

3.An
appraiser chosen pursuant to subsection 1 must provide a disclosure statement
which includes, without limitation, all sources of income of the appraiser that
may constitute a conflict of interest and any relationship of the appraiser
with the owner of the land or the owner of an adjoining property.

4.An
appraiser shall not perform an appraisal on any land offered for sale or lease
by the State Land Registrar if the appraiser or a person related to the
appraiser within the first degree of consanguinity or affinity has an interest
in the land or an adjoining property.

5. If a lease
of land is for residential property and the term of the lease is 1 year or
less, the State Land Registrar shall obtain an analysis of the market value of
similar rental properties prepared by a licensed real estate broker or salesman
when offering such a property for lease.

Sec. 2. NRS 321.335 is hereby amended to read
as follows:

321.335 1. Except as otherwise provided in NRS 321.125 , [and]
321.510, 322.063, 322.065 or
322.075, except as otherwise require by federal law and except for an agreement
entered into pursuant to the provisions of NRS 277.080 to 277.170, inclusive,
or a lease of residential property with a term of 1 year or less, after
April 1, 1957, all sales or leases
of any lands that the Division is required to hold pursuant to
NRS 321.001, including lands subject to contracts of sale that have been
forfeited, are governed by the provisions of this section.

2. Whenever the State Land Registrar deems it to be in
the best interests of the State of Nevada that any lands owned by the State and
not used or set apart for public purposes be sold [,]or leased, he may, with
the approval of the State Board of Examiners and the Interim Finance Committee,
cause those lands to be sold [at public auction or]or leased upon sealed bids,
or oral offer after the opening of
sealed bids for cash or pursuant to a contract of sale [,]or lease, at a price not
less than [their]the highest appraised value for the lands plus the
costs of appraisal and publication of notice of sale [.] or lease.

3. Before offering any land for sale [,]or lease, the State
Land Registrar shall cause it to be appraised by [a competent appraiser.]competent appraisers selected
pursuant to section 1 of this act.

4. After receipt of the report of the [appraiser,]appraisers, the
State Land Registrar shall cause a notice of sale or lease to be published once a week for 4
consecutive weeks in a newspaper of general circulation published in the county
where the land to be sold or
leased is situated, and in such other newspapers as he deems
appropriate. If there is no newspaper published in the county where the land to
be sold or leased is
situated, the notice must be so published in a newspaper published in this
State having a general circulation in the county where the land is situated.

5. The notice must contain:

(a) A description of the land to be sold [;] or leased;

(b) A statement of the terms of sale [;] or lease;

(c) A statement [of whether]that the land will
be sold [at public auction or upon sealed bids to the highest bidder;

(d) If the
sale is to be at public auction, the time and place of sale ; and

(e) If the
sale is to be upon sealed bids, the]pursuant to subsection 6; and

(d) The place
where the sealed bids
will be accepted, the first and last days on which the sealed bids will be accepted, and the time
when and place where the sealed bids will be opened [.]

where the sealed
bids will be opened [.] and oral offers submitted pursuant to
subsection 6 will be accepted.

6. At the
time and place fixed in the notice published pursuant to subsection 4, all
sealed bids which have been received must, in public session, be opened,
examined and declared by the State Land Registrar. Of the proposals submitted
which conform to all terms and conditions specified in the notice published
pursuant to subsection 4 and which are made by responsible bidders, the bid
which is the highest must be finally accepted, unless a higher oral offer is
accepted or the State Land Registrar rejects all bids and offers. Before
finally accepting any written bid, the State Land Registrar shall call for oral
offers. If, upon the call for oral offers, any responsible person offers to buy
or lease the land upon the terms and conditions specified in the notice, for a
price exceeding by at least 5 percent the highest written bid, then the highest
oral offer which is made by a responsible person must be finally accepted.

7. The
State Land Registrar may reject any bid or oral offer to purchase or lease submitted pursuant to subsection 6, if
he deems the bid or offer to be:

(a) Contrary to the public interest.

(b) For a lesser amount than is reasonable for the land
involved.

(c) On lands which it may be more beneficial for the
State to reserve.

(d) On lands which are requested by the State of Nevada
or any department, agency or institution thereof.

[7.] 8. Upon acceptance of any bid or oral offer and payment to
the State Land Registrar in accordance with the terms of sale specified in the
notice of sale, the State Land Registrar shall convey title by quitclaim or
cause a patent to be issued as provided in NRS 321.320 and 321.330.

[8.]9. Upon acceptance of any bid or oral offer and payment to
the State Land Registrar in accordance with the terms of lease specified in the
notice of lease, the State Land Registrar shall enter into a lease agreement
with the person submitting the accepted bid or oral offer pursuant to the terms
of lease specified in the notice of lease.

10. The
State Land Registrar may require any person requesting that state land be sold
pursuant to the provisions of this section to deposit a sufficient amount of
money to pay the costs to be incurred by the State Land Registrar in acting
upon the application, including the costs of publication and the expenses of
appraisal. This deposit must be refunded whenever the person making the deposit
is not the successful bidder. The costs of acting upon the application,
including the costs of publication and the expenses of appraisal, must be borne
by the successful bidder.

11. If
land that is offered for sale or lease pursuant to this section is not sold or
leased at the initial offering of the contract for the sale or lease of the
land, the State Land Registrar may offer the land for sale or lease a second
time pursuant to this section. If there is a material change relating to the
title, zoning or an ordinance governing the use of the land, the State Land
Registrar must obtain a new appraisal of the land pursuant to the provisions of
section 1 of this act before offering the land for sale or lease a second time.
If land that is offered for sale or lease pursuant to this section is not sold
or leased at the second offering of the contract for the sale or lease of the
land, the State Land Registrar may list the land for sale or lease at the
appraised value with a licensed real estate broker, provided that the broker or
a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the
land or an adjoining property.

consanguinity or
affinity does not have an interest in the land or an adjoining property.

Sec. 3.NRS 322.060 is hereby amended
to read as follows:

322.060 [Leases]Subject to the provisions of NRS
321.335, leases or easements authorized pursuant to the
provisions of NRS 322.050, and not made for the purpose of extracting oil, coal
or gas or the utilization of geothermal resources from the lands leased, must
be:

1. For such areas as may be required to accomplish the
purpose for which the land is leased or the easement granted.

2. Except as otherwise provided in NRS 322.063,
322.065 and 322.067, for such term and consideration as the Administrator of
the Division of State Lands of the State Department of Conservation and Natural
Resources, as ex officio State Land Registrar, may determine reasonable based
upon the fair market value of the land.

3. Executed upon a form to
be prepared by the Attorney General. The form must contain all of the covenants
and agreements usual or necessary to such leases or easements.

Sec. 4.Chapter
244 of NRS is hereby amended by adding thereto the provisions set forth as
sections 5 and 6 of this act.

Sec. 5. 1.Except
as otherwise provided in NRS 244.189, 244.276, 244.279, 244.2825, 244.284,
244.287, 244.290 and 278.479 to 278.4965, inclusive, except as otherwise
required by federal law or pursuant to a cooperative agreement entered into
pursuant to NRS 277.050 or 277.053 or an interlocal agreement in existence on
or before October 1, 2004, and except if the board of county commissioners is
entering into a joint development agreement for real property owned by the
county to which the board of county commissioners is a party or if the sale or
lease of real property larger than 1 acre is approved by the voters at a
primary or general election or special election, the board of county
commissioners shall, when offering any real property for sale or lease:

(a)Obtain
two independent and confidential appraisals of the real property before selling
or leasing it. The appraisals must have been prepared not more than 6 months
before the date on which the real property is offered for sale or lease.

(b)Select
the two independent appraisers from the list of appraisers established pursuant
to subsection 2.

(c) Verify the qualifications of each appraiser
selected pursuant to paragraph (b). The determination of the board of county
commissioners as to the qualifications of the appraiser is conclusive.

2. The board of county commissioners shall adopt by
ordinance the procedures for creating or amending a list of appraisers
qualified to conduct appraisals of real property offered for sale or lease by
the board. The list must:

(a)Contain
the names of all persons qualified to act as a general appraiser in the same
county as the real property that may be appraised; and

(b)Be
organized at random and rotated from time to time.

3.An
appraiser chosen pursuant to subsection 1 must provide a disclosure statement
which includes, without limitation, all sources of income that may constitute a
conflict of interest and any relationship with the real property owner or the
owner of an adjoining real property.

4.An
appraiser shall not perform an appraisal on any real property for sale or lease
by the board of county commissioners if the appraiser or a person related to
the appraiser within the first degree of consanguinity or affinity has an interest
in the real property or an adjoining property.

Sec. 6.1.
A board of county commissioners may sell, lease or otherwise dispose of real
property for the purposes of redevelopment or economic development:

(a) Without
first offering the real property to the public; and

(b) For less
than fair market value of the real property.

2. Before a
board of county commissioners may sell, lease or otherwise dispose of real
property pursuant to this section, the board must:

(a) Obtain an
appraisal of the real property pursuant to section 4 of this act; and

(b) Adopt a
resolution finding that it is in the best interest of the public to sell, lease
or otherwise dispose of the real property:

(1) Without
offering the real property to the public; and

(2) For less
than fair market value of the real property.

3. As used in this section:

(a) Economic development means:

(1) The establishment of new commercial
enterprises or facilities within the county;

(2) The support, retention or expansion of
existing commercial enterprises or facilities within the county;

(3) The establishment, retention or expansion
of public, quasi-public or other facilities or operations within the county;

(4) The establishment of residential housing
needed to support the establishment of new commercial enterprises or facilities
or the expansion of existing commercial enterprises or facilities; or

(5) Any combination of the activities described
in subparagraphs (1) to (4), inclusive,

Κ to create and retain opportunities of
employment for the residents of the county.

(b) Redevelopment
has the meaning ascribed to it in NRS 279.408.

Sec. 7. NRS 244.281 is hereby amended to read
as follows:

244.281 Except as otherwise provided in this section and section 5 of this act
and NRS 244.189, 244.276,
244.279, 244.2825 [and 244.288:], 244.284, 244.287, 244.290, 278.479 to 278.4965, inclusive,
except as otherwise required by federal law or pursuant to a cooperative
agreement entered into pursuant to NRS 277.050 or 277.053 or an interlocal
agreement in existence on or before October 1, 2004, and except if the board of
county commissioners is entering into a joint development agreement for real
property owned by the county to which the board of county commissioners is a
party or if the sale or lease of real property larger than 1 acre is approved
by the voters at a primary or general election or special election:

1. When a board of county commissioners has determined
by resolution that the sale or [exchange]lease of any real property owned by the county
will be for purposes other than to establish, align, realign, change, vacate or
otherwise adjust any street, alley, avenue or other thoroughfare, or portion
thereof, or flood control facility within the county and will be in the best interest
of the county, it may:

(a) Sell the property [at public auction,]
in the manner prescribed for the sale of real property in NRS 244.282.

(b) [Sell the property through a licensed real estate broker, or
if there is no real estate broker resident of the county, the board of county
commissioners may negotiate the sale of the property. No exclusive listing may
be given. In all listings, the board of county commissioners shall specify the
minimum price, the terms of sale and the commission to be allowed, which must
not exceed the normal commissions prevailing in the community at the time.

(c) Exchange
the property for other real property of substantially equal value, or for other
real property plus an amount of money equal to the difference in value, if it
has also determined by resolution that the acquisition of the other real
property will be in the best interest of the county.] Lease the property in the manner
prescribed for the lease of real property in NRS 244.283.

2. Before the board of
county commissioners may sell [or exchange]or lease any real property as provided in [paragraphs
(b) and (c) of] subsection 1, it shall:

(a) Post copies of the
resolution described in subsection 1 in three public places in the county; and

(b) Cause to be published
at least once a week for 3 successive weeks, in a newspaper qualified under
chapter 238 of NRS that is published in the county in which the real property
is located, a notice setting forth:

(1) A description of
the real property proposed to be sold or [exchanged] leased in such a manner
as to identify it;

(2) The minimum
price, if applicable, of the real property proposed to be sold or [exchanged;]leased; and

(3) The places at
which the resolution described in subsection 1 has been posted pursuant to
paragraph (a), and any other places at which copies of that resolution may be
obtained.

Κ
If no qualified newspaper is published within the county in which the real
property is located, the required notice must be published in some qualified
newspaper printed in the State of Nevada and having a general circulation
within that county.

3. [In addition to the requirements set forth in paragraph (b) of
subsection 2, in case of:

(a) A sale,
the notice must state the name of the licensed real estate broker handling the
sale and invite interested persons to negotiate with him.

(b) An
exchange, the notice must call for offers of cash or exchange. The commission
shall accept the highest and best offer.

4.]
If the board of county commissioners by its resolution further finds that the
property to be sold or leased is
worth more than $1,000, the board shall appoint [one]two or more
disinterested, competent real estate appraisers pursuant to section 4 of this act to appraise
the property [,] and, except for property acquired
pursuant to NRS 371.047, shall not sell or [exchange] lease it for less than
the highest appraised
value.

[5.] 4. If the property is appraised at $1,000 or
more, the board of county commissioners may [sell it] :

(a) Lease
the property; or

(b) Sell
the property either for cash or for not less than 25 percent cash
down and upon deferred payments over a period of not more than 10 years, secured by a mortgage or deed of trust, bearing such interest
and upon such further terms as the board of county commissioners may specify.

secured by a mortgage or deed of trust, bearing such interest
and upon such further terms as the board of county commissioners may specify.

5.A board of county
commissioners may sell or lease any real property owned by the county without
complying with the provisions of NRS 244.282 or 244.283 to:

(a) A person who owns real property located adjacent
to the real property to be sold or leased if the board has determined by
resolution that:

(1)The
real property is a:

(I)Remnant
that was separated from its original parcel due to the construction of a
street, alley, avenue or other thoroughfare, or portion thereof, flood control
facility or other public facility;

(II)Parcel
that, as a result of its size, is too small to establish an economically viable
use by anyone other than the person who owns real property adjacent to the real
property for sale or lease; or

(III)Parcel
which is subject to a deed restriction prohibiting the use of the real property
by anyone other than the person who owns real property adjacent to the real
property for sale or lease; and

(2)The
sale will be in the best interest of the county.

(b) Another governmental entity if:

(1) The sale or lease restricts the use of the
real property to a public use; and

(2) The board adopts a resolution finding that
the sale or lease will be in the best interest of the county.

6. A board of county commissioners that disposes of real
property pursuant to subsection 4 is not required to offer to reconvey the real
property to the person from whom the real property was received or acquired by
donation or dedication.

7.If real property that is offered
for sale or lease pursuant to this section is not sold or leased at the initial
offering of the contract for the sale or lease of the real property, the board
of county commissioners may offer the real property for sale or lease a second
time pursuant to this section. If there is a material change relating to the
title, zoning or an ordinance governing the use of the real property, the board
of county commissioners must obtain a new appraisal of the real property
pursuant to the provisions of section 4 of this act before offering the real
property for sale or lease a second time. If real property that is offered for
sale or lease pursuant to this section is not sold or leased at the second
offering of the contract for the sale or lease of the real property, the board
of county commissioners may list the real property for sale or lease at the
appraised value with a licensed real estate broker, provided that the broker or
a person related to the broker within the first degree of consanguinity or
affinity does not have an interest in the real property or an adjoining
property.

8. As
used in this section, flood control facility has the meaning ascribed to it
in NRS 244.276.

Sec. 8.NRS 244.290 is hereby amended to read
as follows:

244.290 1. Except as otherwise provided in NRS
278.480 for the vacation of streets and easements, the board of county
commissioners of any county may reconvey all the right, title and interest of
the county in and to any land donated, dedicated, acquired in accordance with
chapter 37 of NRS, or purchased under the threat of an eminent domain proceeding
for a public park, public square, public landing, public roadway, public right-of-way, agricultural fairground, aviation field, automobile parking
ground or facility for the accommodation of the traveling public, or land held
in trust for the public for any other public use or uses, or any part thereof,
to the person:

agricultural fairground, aviation field, automobile parking
ground or facility for the accommodation of the traveling public, or land held
in trust for the public for any other public use or uses, or any part thereof,
to the person:

(a) By whom the land was donated or dedicated or to his
heirs, assigns or successors, upon such terms as may be prescribed by a
resolution of the board; or

(b) From whom the land was acquired in accordance with
the provisions of chapter 37 of NRS, or purchased under the threat of an
eminent domain proceeding, or to his heirs, assigns or successors, for an
amount equal to the [appraised value of]amount paid for the land [at the time of the
reconveyance.

Κ The reconveyance may be made
whether the land is held by the county solely or as tenant in common with any
municipality or other political subdivision of this State under the dedication.

2. If the
county has a planning commission, the board shall refer the proposal for
reconveyance to the planning commission which shall consider the proposal and
submit its recommendation to the board.

3. The
board shall hold at least one public hearing upon the proposal for
reconveyance. Notice of the time and place of the hearing must be:

(a) Published
at least once in a newspaper of general circulation in the county;

(b) Mailed
to all owners of record of real property located within 300 feet of the land
proposed for reconveyance; and

(c) Posted
in a conspicuous place on the property and, in this case, must set forth
additionally the extent of the proposal for reconveyance.

Κ The hearing must be held not less
than 10 days nor more than 40 days after the notice is so published, mailed and
posted.

4.] by the board.

2. If
the board [, after the hearing,] determines that
maintenance of the property [by the county solely or with a co-owner]
is unnecessarily burdensome to the
county or that reconveyance would be [otherwise advantageous to]in the best interest of the
county and its [citizens,]residents, the board [shall] may formally adopt a
resolution stating that determination. Upon the adoption of the resolution, the
chairman or an authorized
representative of the board shall [execute a deed]issue a written offer of
reconveyance[on
behalf of the county and the county clerk shall attest the deed under the seal
of the county.

5. The board
may sell land which has been donated, dedicated, acquired in accordance with
chapter 37 of NRS, or purchased under the threat of an eminent domain
proceeding, for a public purpose described in subsection 1, or may exchange
that land for other land of equal value, if:

(a) The]to the person from whom the real
property was received or acquired, or his successor in interest.

3. If the
person from whom the land was received or acquired , or his successor in
interest [refuses]:

(a) Accepts
the offer of reconveyance within 45 days after the date of the offer, the board
of county commissioners shall execute a deed of reconveyance.

(b) Refuses
to accept the offer
of reconveyance or states in writing that he is unable to accept
the offer of reconveyance
[; or

(b) The
land has been combined with other land owned by the county and improved in such
manner as would reasonably preclude the division of the land, together with the land with which it has been
combined, into separate parcels.]

the land,
together with the land with which it has been combined, into separate parcels.] , the board of county commissioners may
sell or lease the real property in accordance with the provisions of this
chapter.

Sec. 9.NRS 266.265 is hereby amended to read
as follows:

266.265 1. The city council may:

(a) Control the property of the city.

(b) Erect and maintain all buildings, structures and
other improvements for the use of the city.

(c) [Purchase,]Except as otherwise provided in sections 12, 13 and 14 of
this act, purchase, receive, hold, sell, lease, convey and
dispose of property, real and personal, for the benefit of the city, both
within and without the city boundaries, improve and protect such property, and
do all other things in relation thereto which natural persons might do.

2. Except as otherwise provided by law, the city
council may not mortgage, hypothecate or pledge any property of the city for
any purpose.

Sec. 10. NRS 266.267 is hereby amended to
read as follows:

266.267 1. A city council shall not enter into a
lease of real property owned by the city for a term of 3 years or longer or
enter into a contract for the sale [or exchange]
of real property until after the property has been appraised [by
one disinterested appraiser employed by the city.]pursuant to section 12 of this act.
Except as otherwise provided in this section and paragraph (a) of subsection 1 of
NRS 268.050[,
a lease, sale or exchange] :

(a) The sale or lease of real property must be made in
the manner required pursuant to sections 12, 13 and 14 of this act; and

(b)A lease
or sale must be made at or abovethe [current]highest appraised
value of the real property as determined [by the appraiser unless
the city council, in a public hearing held before the adoption of the
resolution to lease, sell or exchange the property, determines by affirmative
vote of not fewer than two-thirds of the entire city council based upon
specified findings of fact that a lesser value would be in the best interest of
the public. For the purposes of this subsection, an appraisal is not considered
current if it is more than 3 years old.] pursuant to the appraisal conducted
pursuant to section 12 of this act.

2. The city council may sell [, lease or exchange]or lease real
property for less than its appraised value to any person who maintains or
intends to maintain a business within the boundaries of the city which is
eligible pursuant to NRS 374.357 for an abatement from the sales and use taxes
imposed pursuant to chapter 374 of NRS.

Sec. 11. Chapter 268 of NRS is hereby amended
by adding thereto the provisions set forth as sections 12 to 15, inclusive, of
this act.

Sec. 12. 1. Except as otherwise provided in NRS 268.048 to 268.058,
inclusive, and 278.479 to 278.4965, inclusive, except as otherwise required by
federal law or pursuant to a cooperative agreement entered into pursuant to NRS
277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004,
and except if the governing body is entering into a joint development agreement
for real property owned by the city to which the governing body is a party or
if the sale or lease of real property larger than 1 acre is approved by the
voters at a primary or general election, primary or general city election or
special election, the governing body shall, when offering any real property for
sale or lease:

(a)Obtain
two independent and confidential appraisals of the real property before selling
or leasing it. The appraisals must be based on the zoning of the real property as set forth in the master plan
for the city and have been prepared not more than 6 months before the date on
which real property is offered for sale or lease.

zoning of the real property as set forth in the master plan
for the city and have been prepared not more than 6 months before the date on
which real property is offered for sale or lease.

(b)Select
the two independent appraisers from the list of appraisers established pursuant
to subsection 2.

(c) Verify the qualifications of each appraiser
selected pursuant to paragraph (b). The determination of the governing body as
to the qualifications of the appraiser is conclusive.

2. The governing body shall adopt by ordinance the
procedures for creating or amending a list of appraisers qualified to conduct
appraisals of real property offered for sale or lease by the governing body.
The list must:

(a)Contain
the names of all persons qualified to act as a general appraiser in the same
county as the real property that may be appraised; and

(b)Be
organized at random and rotated from time to time.

3.An
appraiser chosen pursuant to subsection 1 must provide a disclosure statement
which includes, without limitation, all sources of income of the appraiser that
may constitute a conflict of interest and any relationship of the appraiser
with the property owner or the owner of an adjoining property.

4.An
appraiser shall not perform an appraisal on any real property offered for sale
or lease by the governing body if the appraiser or a person related to the
appraiser within the first degree of consanguinity or affinity has an interest
in the real property or an adjoining property.

Sec. 13. Except as otherwise provided in this section and section 15
of this act, NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965,
inclusive, except as otherwise provided by federal law or pursuant to a
cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an
interlocal agreement in existence on October 1, 2004, and except if the
governing body is entering into a joint development agreement for real property
owned by the city to which the governing body is a party or if the sale or
lease of real property larger than 1 acre is approved by the voters at a
primary or general election, primary or general city election or special
election:

1. If a
governing body has determined by resolution that the sale or lease of any real
property owned by the city will be in the best interest of the city, it may
sell or lease the real property in the manner prescribed for the sale or lease
of real property in section 14 of this act.

2. Before the governing body may sell or lease any
real property as provided in subsection 1, it shall:

(a) Post copies of the resolution described in
subsection 1 in three public places in the city; and

(b) Cause to be published at least once a week for 3
successive weeks, in a newspaper qualified under chapter 238 of NRS that is
published in the county in which the real property is located, a notice setting
forth:

(1) A description of the real property proposed
to be sold or leased in such a manner as to identify it;

(2) The minimum price, if applicable, of the
real property proposed to be sold or leased; and

(3) The places at which the resolution
described in subsection 1 has been posted pursuant to paragraph (a), and any
other places at which copies of that resolution may be obtained.

Κ If no qualified newspaper is published
within the county in which the real property is located, the required notice
must be published in some qualified newspaper printed in the State of Nevada
and having a general circulation within that county.

3.If the
governing body by its resolution finds additionally that the real property to
be sold is worth more than $1,000, the board shall conduct an appraisal
pursuant to section 12 of this act to determine the value of the real property
and, except for real property acquired pursuant to NRS 371.047, shall not sell
or lease it for less than the highest appraised value.

4. If the
real property is appraised at $1,000 or more, the governing body may:

(a) Lease
the real property; or

(b) Sell
the real property for:

(1)
Cash; or

(2)
Not less than 25 percent cash down and upon deferred payments over a period of
not more than 10 years, secured by a mortgage or deed of trust bearing such
interest and upon such further terms as the governing body may specify.

5.A
governing body may sell or lease any real property owned by the city without
complying with the provisions of sections 12, 13 and 14 of this act to:

(a) A person who owns real property located adjacent
to the real property to be sold or leased if the governing body has determined
by resolution that:

(1)The
real property is a:

(I)Remnant
that was separated from its original parcel due to the construction of a
street, alley, avenue or other thoroughfare, or portion thereof, flood control
facility or other public facility;

(II)Parcel
that, as a result of its size, is too small to establish an economically viable
use by anyone other than the person who owns real property adjacent to the real
property offered for sale or lease; or

(III)Parcel
which is subject to a deed restriction prohibiting the use of the real property
by anyone other than the person who owns real property adjacent to the real
property offered for sale or lease; and

(2)The
sale or lease will be in the best interest of the city.

(b) Another governmental entity if:

(1) The sale or lease restricts the use of the
real property to a public use; and

(2) The governing body adopts a resolution
finding that the sale or lease will be in the best interest of the city.

6.A
governing body that disposes of real property pursuant to subsection 5 is not
required to offer to reconvey the real property to the person from whom the
real property was received or acquired by donation or dedication.

7. If real
property that is offered for sale or lease pursuant to this section is not sold
or leased at the initial offering of the contract for the sale or lease of the
real property, the governing body may offer the real property for sale or lease
a second time pursuant to this section. If there is a material change relating
to the title, zoning or an ordinance governing the use of the real property,
the governing body must obtain a new appraisal of the real property pursuant to
the provisions of section 12 of this act before offering the real property for
sale or lease a second time. If real
property that is offered for sale or lease pursuant to this section is not sold
or leased at the second offering of the contract for the sale or lease of the
real property, the governing body may list the real property for sale or lease
at the appraised value with a licensed real estate broker, provided that the
broker or a person related to the broker within the first degree of
consanguinity or affinity does not have an interest in the real property or an adjoining
property.

real property that is
offered for sale or lease pursuant to this section is not sold or leased at the
second offering of the contract for the sale or lease of the real property, the
governing body may list the real property for sale or lease at the appraised
value with a licensed real estate broker, provided that the broker or a person
related to the broker within the first degree of consanguinity or affinity does
not have an interest in the real property or an adjoining property.

Sec. 14. 1. Except as otherwise provided in this section and section
15 of this act and NRS 268.048 to 268.058, inclusive, and 278.479 to 278.4965,
inclusive, except as otherwise required by federal law or pursuant to a
cooperative agreement entered into pursuant to NRS 277.050 or 277.053 or an
interlocal agreement in existence on October 1, 2004, and except if the governing
body is entering into a joint development agreement for real property owned by
the city to which the governing body is a party or if the sale or lease of real
property larger than 1 acre is approved by the voters at a primary or general
election, the governing body shall, in open meeting by a majority vote of the
members and before ordering the sale or lease at auction of any real property,
adopt a resolution declaring its intention to sell or lease the property at
auction. The resolution must:

(a) Describe
the property proposed to be sold or leased in such a manner as to identify it;

(b) Specify
the minimum price and the terms upon which the property will be sold or leased;
and

(c) Fix a
time, not less than 3 weeks thereafter, for a public meeting of the governing
body to be held at its regular place of meeting, at which sealed bids will be
received and considered.

2. Notice
of the adoption of the resolution and of the time and place of holding the
meeting must be given by:

(a) Posting
copies of the resolution in three public places in the county not less than 15
days before the date of the meeting; and

(b) Causing
to be published at least once a week for 3 successive weeks before the meeting,
in a newspaper qualified under chapter 238 of NRS that is published in the
county in which the real property is located, a notice setting forth:

(1)
A description of the real property proposed to be sold or leased at auction in
such a manner as to identify it;

(2)
The minimum price of the real property proposed to be sold or leased at
auction; and

(3)
The places at which the resolution described in subsection 1 has been posted
pursuant to paragraph (a), and any other places at which copies of that
resolution may be obtained.

Κ If no qualified newspaper is published
within the county in which the real property is located, the required notice
must be published in some qualified newspaper printed in the State of Nevada
and having a general circulation within that county.

3. At the
time and place fixed in the resolution for the meeting of the board, all sealed
bids which have been received must, in public session, be opened, examined and
declared by the governing body. Of the proposals submitted which conform to all
terms and conditions specified in the resolution of intention to sell or lease
and which are made by responsible bidders, the bid which is the highest must be
finally accepted, unless a higher oral bid is accepted or the governing body
rejects all bids.

4. Before
accepting any written bid, the governing body shall call for oral bids. If,
upon the call for oral bidding, any responsible person offers to buy or lease
the property upon the terms and conditions specified in the resolution, for a
price exceeding by at least 5 percent the highest written bid, then the highest
oral bid which is made by a responsible person must be finally accepted.

5. The
final acceptance by the governing body may be made either at the same session
or at any adjourned session of the same meeting held within the 10 days next
following.

6. The
governing body may, either at the same session or at any adjourned session of
the same meeting held within the 10 days next following, if it deems the action
to be for the best public interest, reject any and all bids, either written or
oral, and withdraw the property from sale or lease.

7. Any
resolution of acceptance of any bid made by the governing body must authorize
and direct the chairman to execute a deed or lease and to deliver it upon
performance and compliance by the purchaser or lessor with all the terms or
conditions of his contract which are to be performed concurrently therewith.

Sec. 15. 1.
A governing body may sell, lease or otherwise dispose of real property for the
purposes of redevelopment or economic development:

(a) Without
first offering the real property to the public; and

(b) For less
than fair market value of the real property.

2. Before a
governing body may sell, lease or otherwise dispose of real property pursuant
to this section, the governing body must:

(a) Obtain an
appraisal of the property pursuant to section 12 of this act; and

(b) Adopt a
resolution finding that it is in the best interests of the public to sell,
lease or otherwise dispose of the property:

(1) Without
offering the property to the public; and

(2) For
less than fair market value of the real property.

3. As used in this section:

(a) Economic development means:

(1) The establishment of new commercial
enterprises or facilities within the city;

(2) The support, retention or expansion of
existing commercial enterprises or facilities within the city;

(3) The establishment, retention or expansion
of public, quasi-public or other facilities or operations within the city;

(4) The establishment of residential housing
needed to support the establishment of new commercial enterprises or facilities
or the expansion of existing commercial enterprises or facilities; or

(5) Any combination of the activities described
in subparagraphs (1) to (4), inclusive,

Κ to create and retain opportunities for
employment for the residents of the city.

3. [Sell,]Except as otherwise provided in sections 12, 13 and 14 of
this act, sell, convey and dispose of such personal and real
property for the common benefit.

4. Determine what are public uses with respect to
powers of eminent domain.

5. Acquire, own and operate a public transit system
both within and without the city.

6. Receive bequests, devises, gifts and donations of
all kinds of property wherever situated in fee simple, in trust or otherwise,
for charitable or other purposes and do anything necessary to carry out the
purposes of such bequests, devises, gifts and donations with full power to
manage, sell, lease or otherwise dispose of such property in accordance with
the terms of such bequest, devise, gift or donation.

Sec. 17.NRS 268.050 is hereby amended to
read as follows:

268.050 1. The governing body of any incorporated
city in this State may reconvey all the right, title and interest of the city
in and to any land donated, dedicated, acquired in accordance with chapter 37
of NRS, or purchased under the threat of an eminent domain proceeding, for a
public park, public square, public landing, agricultural fairground, aviation
field, automobile parking ground or facility for the accommodation of the
traveling public, or land held in trust for the public for any other public use
or uses, or any part thereof, to the person:

(a) By whom the land was donated or dedicated or to his
heirs, assigns or successors, upon such terms as may be prescribed by a
resolution of the governing body; or

(b) From whom the land was acquired in accordance with
chapter 37 of NRS, or purchased under the threat of an eminent domain
proceeding, or to his heirs, assigns or successors, for an amount equal to the [appraised
value of]amount
paid for the land [at the time of the reconveyance.

Κ The reconveyance may be made
whether the land is held by the city solely or as tenant in common with any
other municipality or other political subdivision of this State under the
dedication.

2. If the
city has a planning commission, the governing body shall refer the proposal for
reconveyance to the planning commission which shall consider the proposal and
submit its recommendation to the governing body.

3. The
governing body shall hold at least one public hearing upon the proposal for
reconveyance. Notice of the time and place of the hearing must be:

(a) Published
at least once in a newspaper of general circulation in the city or county;

(b) Mailed
to all owners of record of real property located within 300 feet of the land
proposed for reconveyance; and

(c) Posted
in a conspicuous place on the property and, in this case, must set forth
additionally the extent of the proposal for reconveyance.

Κ The hearing must be held not less
than 10 days nor more than 40 days after the notice is so published, mailed and
posted.

4.]by the governing body.

2. If
the governing body [, after the hearing,] determines that
maintenance of the property [by the city solely or with a co-owner]
is unnecessarily burdensome to the
city or that reconveyance would be [otherwise advantageous to]in the best interest of the
city and its [citizens,]residents, the governing body [shall]may formally adopt a
resolution stating that determination.

that determination. Upon the adoption of the resolution, the
presiding officer of the governing body shall [execute a deed]issue a written offer of
reconveyance [on behalf of the city and the city clerk shall attest the
deed under the seal of the city.

5. The
governing body may sell land which has been donated, dedicated, acquired in
accordance with chapter 37 of NRS, or purchased under the threat of an eminent
domain proceeding, for a public purpose described in subsection 1, or may
exchange that land for other land of equal value, if:

(a) The]to the person from
whom the land was received or acquired or his successor in interest . [refuses]

3. If the
person from whom the real property was received or acquired, or his successor
in interest:

(a) Accepts
the offer of reconveyance within 45 days after the date of the offer, the
governing body shall execute a deed or reconveyance.

(b) Refuses
to accept the offer
of reconveyance or states in writing that he is unable to accept
the reconveyance [; or

(b) The
land has been combined with other land owned by the city and improved in such a
manner as would reasonably preclude the division of the land, together with the
land with which it has been combined, into separate parcels.] , the governing body may sell or lease
the real property in accordance with the provisions of the chapter.

Sec. 18.NRS 381.006 is hereby amended
to read as follows:

381.006 For the property and facilities of the
Division, the Administrator:

1.Is
responsible to the Director for the general administration of the Division and
its institutions and for the submission of its budgets, which must include the
combined budgets of its institutions.

2.Shall
supervise the museum directors of its institutions in matters pertaining to the
general administration of the institutions.

3.Shall
coordinate the submission of requests by its institutions for assistance from
governmental sources.

4.Shall
oversee the public relations of its institutions.

5.Shall
superintend the planning and development of any new facilities for the Division
or its institutions.

6.Shall
assist the efforts of its institutions in improving their services to the rural
counties.

7.Shall
supervise the facilities for storage which are jointly owned or used by any of
its institutions.

8.Shall
trade, exchange and transfer exhibits and equipment when he considers it proper
and the transactions are not sales.

9.May
contract with any person to provide concessions on the grounds of the property
and facilities of the Division, provided that any contract permitting control
of real property of the Division by a nongovernmental entity must be executed
as a lease pursuant to NRS 321.003, 321.335, 322.050, 322.060 and 322.070.

10. Shall oversee the supervision, control, management
and operation of any buildings or properties in this State that are under the
control of the Division.

11. Shall supervise the furnishing, remodeling, repairing,
alteration and erection of premises and buildings of the Division or premises
and buildings that may be conveyed or made available to the Division.

496.080 1. Except as otherwise provided in subsection 2 or as may
be limited by the terms and conditions of any grant, loan or agreement pursuant
to NRS 496.180, every municipality may, by sale, lease or otherwise, dispose of
any airport, air navigation facility, or other property, or portion thereof or
interest therein, acquired pursuant to this chapter.

2. The disposal by sale, lease or otherwise [shall
be in]must
be:

(a) Made
by public auction; and

(b) In accordance
with the laws of this State, or provisions of the charter of the municipality,
governing the disposition of other property of the municipality, except that in
the case of disposal to another municipality or agency of the State or Federal
Government for aeronautical purposes incident thereto, the sale, lease or other
disposal may be effected in such manner and upon such terms as the governing
body of the municipality may deem in the best interest of the municipality, and
except as otherwise provided in subsections 3, 4 and 5 of NRS 496.090.

Sec. 20. NRS 496.090 is hereby amended to
read as follows:

496.090 1. In operating an airport or air navigation
facility or any other facilities appertaining to the airport owned, leased or
controlled by a municipality, the municipality may, except as limited by the
terms and conditions of any grant, loan or agreement pursuant to NRS 496.180,
enter into:

(a) Contracts, leases and other arrangements with any
persons:

(1) Granting the privilege of using or improving
the airport or air navigation facility, or any portion or facility thereof, or
space therein, for commercial purposes. The municipality may, if it determines
that an improvement benefits the municipality, reimburse the person granted the
privilege for all or any portion of the cost of making the improvement.

(2) Conferring the privilege of supplying goods,
commodities, things, services or facilities at the airport or air navigation
facility or other facilities.

(3) Making available services to be furnished by
the municipality or its agents or by other persons at the airport or air
navigation facility or other facilities.

(4) Providing for the maintenance of the airport
or air navigation facility, or any portion or facility thereof, or space
therein.

(5) Allowing residential occupancy of property
acquired by the municipality.

(b) Contracts for the sale of revenue bonds or other
securities whose issuance is authorized by the Local Government Securities Law
or NRS 496.150 or 496.155, for delivery within 10 years after the date of the
contract.

2. In each case the municipality may establish the
terms and conditions and fix the charges, rentals or fees for the privileges or
services, which must be reasonable and uniform for the same class of privilege
or service and must be established with due regard to the property and
improvements used and the expenses of operation to the municipality.

3. [As]Except as otherwise provided in this subsection, and as an
alternative to the procedure provided in subsection 2 of NRS 496.080, to the
extent of its applicability, the governing body of any municipality may
authorize it to enter into any such contracts, leases and other arrangements
with any persons, as provided in this section, for a period not exceeding 50
years, upon such terms and conditions as the governing body deems proper.

The provisions
of this subsection must not be used to circumvent the requirement set forth in
subsection 2 of NRS 496.080 that the disposal of real property be made by
public auction.

4. Before entering into any such contract, lease or
other arrangements, the municipality shall publish notice of its intention in
general terms in a newspaper of general circulation within the municipality at
least once a week for 21 days or three times during a period of 10 days. If
there is not a newspaper of general circulation within the municipality, the
municipality shall post a notice of its intention in a public place at least
once a week for 30 days. The notice must specify that a regular meeting of the
governing body is to be held, at which meeting any interested person may
appear. No such contract, lease or other arrangement may be entered into by the
municipality until after the notice has been given and a meeting held as
provided in this subsection.

5. Any member of a municipalitys governing body may
vote on any such contract, lease or other arrangement notwithstanding the fact
that the term of the contract, lease or other arrangement may extend beyond his
term of office.

Sec. 21. Section 10 of the Airport Authority Act
for Battle Mountain, being Chapter 458, Statutes of Nevada 1983, as amended by
Chapter 230, Statutes of Nevada 1991, at page 508, is hereby amended to
read as follows:

Sec. 10. Authority: General powers. The Authority may
do all things necessary to accomplish the purposes of this act. The Authority
may, by reason of example and not of limitation:

3. Acquire real or personal property or any interest
therein by gift, lease or purchase for any of the purposes provided in this section,
including the elimination, prevention or marking of airport hazards.

4. [Sell,]Except as otherwise provided in this subsection, sell, lease
or otherwise dispose of any real property. If the Authority sells or otherwise disposes of real
property, the sale or other disposal must be made by public auction.

5. Acquire real property or any interest therein in
areas most affected by aircraft noise for the purpose of resale or lease
thereof, subject to restrictions limiting its use to industrial or other
purposes least affected by aircraft noise.

6. Enter into agreements with Lander County and Battle
Mountain to acquire, by lease, gift, purchase or otherwise, any airport of the
county or municipality and to operate the airport.

7. Exercise the power of eminent domain and dominant
eminent domain in the manner provided by law for the condemnation by a town of
private property for public use to take any property necessary to the exercise
of the powers granted, within the designated district in Lander County.

8. Apply directly to the proper federal, state, county
and municipal officials and agencies or to any other source, public or private,
for loans, grants, guarantees or other financial assistance in aid of airports
operated by it, and accept the same.

9. Prepare and adopt a comprehensive, long-term
general plan for the physical development of all property owned and operated by
the Authority for submission to the Board of County Commissioners of Lander
County. The Authority may prepare and adopt for approval by the Board of County
Commissioners of Lander County a comprehensive zoning plan of all property owned
or operated by the Authority. The zoning plan must be consistent with the
requirements of chapter 497 of NRS and any applicable federal laws and
regulations.

10. Have control of its airports with the right and
duty to establish and charge fees, rentals, rates and other charges, and
collect revenues therefrom, not inconsistent with the rights of the holders of
its bonds, and enter into agreements with carriers for the payment of landing
fees, rental rates and other charges.

11. Use in the performance of its functions the
officers, agents, employees, services, facilities, records and equipment of
Lander County or Battle Mountain, with the consent of the county or
municipality and subject to such terms and conditions as may be agreed upon.

12. Enter upon such lands, waters or premises as in
the judgment of the Authority may be necessary for the purpose of making
surveys, soundings, borings and examinations to accomplish any purpose
authorized by this act. The Authority is liable for actual damage done.

13. Provide its own fire protection, police and crash
and rescue service.

14. Contract with carriers with regard to landings and
the accommodations of the employees and passengers of such carriers.

15. Contract with persons or corporations to provide goods
and services for the use of the employees and passengers of the carriers and
the employees of the Authority, as necessary or incidental to the operation of
the airports.

16. Hire and retain officers, agents and employees,
including a fiscal adviser, engineers, attorneys or other professional or
specialized personnel.

17. Adopt regulations governing vehicular traffic on
its airports relating , but
not limited to , speed
restrictions, stopping, standing and parking, loading zones, turning movements
and parking meters. It is unlawful for any person to do any act forbidden or
fail to perform any act required in such regulations.

Sec. 22. Section 9 of the Airport Authority Act
for Carson City, being Chapter 844, Statutes of Nevada 1989, at page 2026,
is hereby amended to read as follows:

Sec. 9. Board: General powers. The Board may:

1. Acquire real and personal property by gift or
devise for the purposes provided in this act.

2. With the approval of the Board of Supervisors:

(a) Acquire real and personal property by purchase or
lease for the purposes provided in this act.

(b) [Lease,]Except as otherwise provided in this paragraph, lease, sell
or otherwise dispose of any property. If the Board sells or
otherwise disposes of real property, the sale or other disposal must be made by
public auction.

otherwise
disposes of real property, the sale or other disposal must be made by public
auction.

3. Recommend to the Board of Supervisors any changes
in the laws governing zoning necessary to comply with the regulations of the
Federal Aviation Administration or to limit the uses of the area near the
airport to those least affected by noise.

4. Use, in the performance of its functions, the
officers, employees, facilities and equipment of Carson City, with the consent
of Carson City and subject to such terms and conditions as may be agreed upon
by the Board and the Board of Supervisors.

5. Provide emergency services for the Authority.

6. Contract with any person, including any person who
transports passengers or cargo by air, to provide goods and services as
necessary or desirable to the operation of the airport. Any contract between
the Board and a fixed base operator must be submitted for approval by the Board
of Supervisors.

7. Employ a manager of the airport, fiscal advisers,
engineers, attorneys and other personnel necessary to the discharge of its
duties.

8. Apply to any public or private source for loans,
grants, guarantees or other financial assistance.

9. Establish fees, rates and other charges for the use
of the airport.

10. Regulate vehicular traffic at the airport.

11. Adopt, enforce, amend and repeal any rules and
regulations necessary for the administration and use of the airport.

12. Take such other action as is necessary to comply
with any statute or regulation of this State or of the Federal Government.

Sec. 23. Section 10 of the Airport Authority Act
for Washoe County, being Chapter 474, Statutes of Nevada 1977, as last amended
by Chapter 359, Statutes of Nevada 1997, at page 1299, is hereby amended to
read as follows:

Sec. 10. Authority: General powers. The Authority may
do all things necessary to accomplish the purposes of this act. The Authority
has perpetual succession and may, by way of example and not of limitation:

1. Sue and be sued.

2. Plan, establish, acquire, construct, improve and
operate one or more airports within Washoe County.

3. Acquire real or personal property or any interest
therein by gift, lease or purchase for any of the purposes provided in this
section, including the elimination, prevention or marking of airport hazards.

4. [Sell,]Except as otherwise provided in this subsection, sell, lease
or otherwise dispose of any real property in such manner and upon such terms
and conditions as the Board deems proper and in the best interests of the
Authority. If the Authority sells
real property, the Authority must obtain an appraisal of the property and the
sale must be made by public auction unless the Authority:

(a) Sells
the property at its fair market value; or

(b) If the
Authority will sell the property at less than its fair market value, the Board
adopts a written finding by a majority of the entire Board as to the difference
between the price at which the property will be sold and the fair market value
of the property.

5. Acquire real property or any interest therein in
areas most affected by the noise of aircraft for the purpose of resale or lease
thereof, subject to restrictions limiting its use to industrial or other
purposes least affected by aircraft noise.

6. Enter into agreements with Washoe County and the
cities of Reno and Sparks to acquire, by lease, gift, purchase or otherwise,
any airport of such county or municipality and to operate that airport.

7. Exercise the power of eminent domain and dominant
eminent domain in the manner provided by law for the condemnation by a city of
private property for public use to take any property necessary to the exercise
of the powers granted, within Washoe County.

8. Apply directly to the proper federal, state, county
and municipal officials and agencies or to any other source, public or private,
for loans, grants, guarantees or other financial assistance in aid of airports
operated by it, and accept the same.

9. Study and recommend to the Board of County
Commissioners of Washoe County and the city councils of the cities of Reno and
Sparks zoning changes in the area of any airport operated by the Authority with
respect to noise, height and aviation obstructions in order to enable the
Authority to meet the requirements of any regulations of the Federal Aviation
Administration.

10. Control its airports with the right and duty to
establish and charge fees, rentals, rates and other charges, and collect
revenues therefrom, not inconsistent with the rights of the holders of its
bonds, and enter into agreements with carriers for the payment of landing fees,
rental rates and other charges.

11. Use in the performance of its functions the
officers, agents, employees, services, facilities, records and equipment of
Washoe County or the cities of Reno and Sparks, with the consent of the
respective county or municipality, and subject to such terms and conditions as
may be agreed upon.

12. Enter upon such lands, waters or premises as in
the judgment of the Authority may be necessary for the purpose of making
surveys, soundings, borings and examinations to accomplish any purpose
authorized by this act. The Authority is liable for actual damage done.

13. Provide its own fire protection, police and crash
and rescue service. A person employed by the Authority to provide police
service to the Authority has the powers and must have the training required of
a law enforcement officer pursuant to Part 107 of Title 14 of the Code of Federal
Regulations, as those provisions existed on January 1, 1997. A person employed
by the Authority to provide police service shall be deemed to be a peace
officer for the purposes of determining retirement benefits under the Public
Employees Retirement System.

14. Contract with carriers with regard to landings and
the accommodations of the employees and passengers of those carriers.

15. Contract with persons or corporations to provide
goods and services for the use of the employees and passengers of the carriers
and the employees of the Authority, as necessary or incidental to the operation
of the airports.

16. Hire and retain officers, agents and employees,
including a fiscal adviser, engineers, attorneys or other professional or
specialized personnel.

17. Adopt regulations governing vehicular traffic on
the public areas of its airports relating to , but not limited to , speed restrictions, turning movements and
other moving violations. It is unlawful for any person to do any act forbidden
or fail to perform any act required in such regulations.

18. Adopt regulations governing parking, loading zones
and ground transportation operations on its airports and governing traffic on
restricted areas of its airports. The Authority may establish a system of:

(a) Administrative procedures for review of alleged
violations of such regulations; and

(b) Remedies
for violations of such regulations, including the imposition of administrative
fines to be imposed upon and collected from persons violating such regulations.

Sec. 24. On or before February 1, 2007, the State
Land Registrar, the board of county commissioners of each county, the governing
body of each incorporated city, the Airport Authority of Battle Mountain, the
Airport Authority of Carson City and the Airport Authority of Washoe County
shall submit to the Director of the Legislative Counsel Bureau for transmittal
to the 74th Session of the Nevada Legislature a written report on the sales or
leases of property owned by the respective entity during the period beginning
October 1, 2005, and ending December 31, 2006.

Sec. 25. This act becomes effective on July 1, 2005.

________

CHAPTER 382, SB 458

Senate Bill No. 458Committee on Human Resources and
Education

CHAPTER 382

AN ACT relating to
health care; requiring a hospital to ensure that certain persons who are
transported to the hospital are transferred to an appropriate place in the
hospital to receive emergency services and care in a timely manner; requiring
the Health Division of the Department of Human Resources to conduct a study
concerning the cause of excessive waiting times for a person to receive emergency
services and care from a hospital after being transported to the hospital by a
provider of emergency medical services; and providing other matters properly
relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter
450B of NRS is hereby amended by adding thereto a new section to read as
follows:

1. Each
hospital in this State which receives a person in need of emergency services
and care who has been transported to the hospital by an ambulance, air
ambulance or vehicle of a fire-fighting agency that has a permit to operate pursuant to this chapter shall ensure that
the person is transferred to a bed, chair, gurney or other appropriate place in
the hospital to receive emergency services and care as soon as practicable, but
not later than 30 minutes after the time at which the person arrives at the
hospital.

a permit to operate
pursuant to this chapter shall ensure that the person is transferred to a bed,
chair, gurney or other appropriate place in the hospital to receive emergency
services and care as soon as practicable, but not later than 30 minutes after
the time at which the person arrives at the hospital.

2. The Health
Division shall adopt regulations concerning the manner in which a hospital and
an attendant responsible for the care of a person in need of emergency services
and care during transport to the hospital shall determine and track the time at
which a person arrives at a hospital and the time at which the person is
transferred to an appropriate place in the hospital to receive emergency
services and care for the purposes of this section. The regulations must
provide that:

(a) The time at
which a person arrives at a hospital is the time at which he is presented to
the emergency room of the hospital; and

(b) The time at
which the person is transferred to an appropriate place in the hospital to
receive emergency services and care is the time at which the person is
physically in that place and the staff of the emergency room of the hospital
have received a report concerning the person.

3. This
section does not create a duty of care and is not a ground for civil or
criminal liability.

4. As used in
this section:

(a) Emergency
services and care has the meaning ascribed to it in NRS 439B.410.

(b) Hospital
has the meaning ascribed to it in NRS 449.012.

Sec. 2. 1. The Health Division of the Department of
Human Resources shall conduct a study to identify:

(a) The causes of excessive waiting time at hospitals for
the provision of emergency services and care of persons in need of such
services and care who have been transported to the hospital by an ambulance,
air ambulance or vehicle of a fire-fighting agency which has a permit to
operate pursuant to chapter 450B of NRS; and

(b) Any corrective actions that may eliminate such excessive
waiting times.

2. Except as otherwise provided in subsection 7, each
hospital, each operator of an ambulance or air ambulance and each fire-fighting
agency which has a permit to operate pursuant to chapter 450B of NRS and which
provides transportation for persons in need of emergency services and care to a
hospital must:

(a) Participate in the study conducted by the Health
Division pursuant to this section by collecting information concerning the
waiting time for the provision of emergency services and care to each person
who is transported to a hospital in accordance with the system of tracking such
information that is developed by the Health Division pursuant to subsection 3;
and

(b) Submit to the Health Division the information which is
collected pursuant to paragraph (a).

3. For the purpose of collecting data for the study
required pursuant to this section, the Health Division shall establish a system
of tracking information concerning the waiting times of persons for the
provision of emergency services and care at a hospital and the surrounding
circumstances for such waiting times each time a person is transported to a
hospital by an ambulance, air ambulance or vehicle of a fire-fighting agency.
The system of tracking must include, without limitation, an electronic or
manual method of tracking, in accordance with the
regulations adopted by the Health Division pursuant to section 1 of this act:

tracking, in accordance with the regulations adopted by the Health
Division pursuant to section 1 of this act:

(a) The time at which a person arrives at the hospital;

(b) The time at which the person is transferred to an
appropriate place in the hospital to receive emergency services and care;

(c) Information relating to the circumstances surrounding
the arrival of the person provided by the providers of emergency medical
services who transport the person to the hospital and by the personnel of the
hospital who are responsible for the care of the person after the person
arrives at the hospital, including, without limitation, information concerning
the volume of patients at the hospital at the time of arrival, the number of
personnel at the hospital available to treat the person and the medical
condition of the person at the time of his arrival at the hospital;

(d) A unique identifier that is assigned to each transfer of
a person to a hospital by an ambulance, air ambulance or vehicle of a
fire-fighting agency which allows the transfer to be identified and reviewed;
and

(e) The names and signatures of the providers of emergency
medical services who transport the person to the hospital and of the personnel
of the hospital who are responsible for the care of the person after the person
arrives at the hospital.

4. The Health Division shall ensure that:

(a) The information collected pursuant to subsection 3 is
available to any person or entity participating in the study; and

(b) The system of tracking established pursuant to
subsection 3 and all other aspects of the study comply with the Health
Insurance Portability and Accountability Act of 1996, Public Law 104-191.

5. The Health Division shall appoint for each county in
which hospitals and providers of emergency medical services are participating
in the study conducted by the Division pursuant to this section an advisory
committee consisting of the health officer of the county, a representative of
each hospital in the county and a representative of each operator of an
ambulance or air ambulance and a representative of each fire-fighting agency
which has a permit to operate pursuant to chapter 450B of NRS and which
provides transportation for persons in need of emergency services and care to
hospitals in the county. Each member of the advisory committee serves without
compensation and is not entitled to receive a per diem allowance or travel
expenses. The advisory committee shall:

(a) Review the data which has been collected and submitted
to the Health Division concerning the waiting times for the provision of
emergency services and care, the manner in which such data was collected and
any circumstances surrounding such waiting times;

(b) Review each incident in which a person was transferred
to an appropriate place in the hospital to receive emergency services and care
more than 30 minutes after arriving at the hospital and determine all causes
for such a delay; and

(c) Submit a report of its findings to the Health Division.

6. Each hospital and each operator of an ambulance or air
ambulance and each fire-fighting agency which has a permit to operate pursuant
to chapter 450B of NRS and which provides transportation for persons in need of
emergency services and care to the hospitals in a county whose population is
400,000 or more must participate in the study required pursuant to this
section.

7. Except as otherwise provided in subsection 8, the
hospitals and the providers of emergency medical services which provide
transportation for persons in need of emergency services and care to the
hospitals in a county whose population is less than 400,000 are not required to
participate in the study required pursuant to this section unless the county
health officer, each hospital and each operator of an ambulance or air
ambulance and each fire-fighting agency which has a permit to operate pursuant
to chapter 450B of NRS and which provides transportation for persons in need of
emergency services and care to the hospitals in the county agree in writing
that the county will participate in the study. The county must submit the
written agreement to the Health Division.

8. If the State Board of Health determines that the waiting
times for persons transported to a hospital to be transferred to an appropriate
place in the hospital to receive emergency care and treatment are excessive in
a county whose population is 100,000 or more but less than 400,000 which has
not elected to participate in the study in accordance with the provisions set
forth in subsection 7, the State Board of Health may require the county to
implement a system of tracking data concerning the extent of waiting times and
the circumstances surrounding such waiting times for review by the Health
Division in the manner set forth in this section.

9. The Health Division shall submit a quarterly report to
the Legislative Committee on Health Care concerning its findings pursuant to
the study conducted pursuant to this section.

10. The Legislative Committee on Health Care shall submit a
final report of the results of the study conducted pursuant to this section and
any recommendations for legislation to the 74th Session of the Nevada
Legislature.

11. If only one county participates in the study conducted
pursuant to this section, the Health Division may delegate its duties set forth
in this section to the county or district board of health of that county.

Sec. 3. 1. This act becomes effective upon passage
and approval for the purpose of adopting regulations and on October 1, 2005,
for all other purposes.

2. Section 2 of this act expires by limitation on December
31, 2006.

________

CHAPTER 383, SB 488

Senate Bill No. 488Committee on Legislative
Operations and Elections

CHAPTER 383

AN ACT relating to
administrative procedure affecting businesses; making various changes
concerning the adoption of certain rules and regulations affecting business; and
providing other matters properly relating thereto.

237.080 1. Before [adopting] a governing body of a local government
adopts a proposed rule, the governing body [of a local government]or its designee must notify trade
associations or owners and officers of businesses which are likely to be
affected by the proposed rule that they may submit data or arguments to the
governing body or its designee as to whether the proposed rule will:

(a) Impose a direct and significant economic burden
upon a business; or

(b) Directly restrict the formation, operation or
expansion of a business.

Κ Notification provided pursuant to this
subsection must include the date by which the data or arguments must be
received by the governing body or its designee, which must be at least 15
working days after the notification is sent.

2. If the governing body or its designee does not
receive any data or arguments from the trade associations or owners or officers
of businesses that were notified pursuant to subsection 1 within the period
specified in the notification, a rebuttable presumption is created that the
proposed rule will not impose a direct and significant economic burden upon a
business or directly restrict the formation, operation or expansion of a
business.

3. After the period for submitting data or arguments
specified in the notification provided pursuant to subsection 1 has expired,
the governing body or its designee shall determine whether the proposed
rule is likely to:

(a) Impose a direct and
significant economic burden upon a business; or

(b) Directly restrict the
formation, operation or expansion of a business.

[2.]

Κ If no data or arguments were submitted
pursuant to subsection 1, the governing body or its designee shall make its
determination based on any information available to the governing body or its
designee.

4. If
the governing body [of a local government]or its designee determines
pursuant to subsection [1]3 that a proposed rule is likely to impose a
direct and significant economic burden upon a business or directly restrict the
formation, operation or expansion of a business, the governing body or its designee shall[:

(a) Insofar
as practicable, consult with trade associations or owners and officers of
businesses that are likely to be affected by the proposed rule.

(b) Consider]consider methods to
reduce the impact of the proposed rule on businesses, including, without
limitation:

[(1)](a) Simplifying the proposed rule;

[(2)](b) Establishing different standards of
compliance for a business; and

[(3)](c) Modifying a fee or fine set forth in the
rule so that a business is authorized to pay a lower fee or fine.

[(c) Prepare]

5. After
making a determination pursuant to subsection 3, the governing body or its
designee shall prepare a business impact statement .[and make copies of the
statement available to any interested person before holding a hearing to adopt
the rule.]

237.090 1.
A business impact statement prepared pursuant to NRS 237.080 must
be considered at any hearing
conducted to adopt a proposed rule and set forth the following
information:

[1.](a) A description of the manner in which
comment was solicited from affected businesses, a summary of their response and
an explanation of the manner in which other interested persons may obtain a
copy of the summary.

[2.](b) The estimated economic effect of the
proposed rule on the businesses which it is to regulate, including, without
limitation:

[(a)](1) Both adverse and beneficial effects; and

[(b)](2) Both direct and indirect effects.

[3.](c) A description of the methods that the
governing body of the local government or its designee considered to reduce the
impact of the proposed rule on businesses and a statement regarding whether the
governing body or its designee actually
used any of those methods.

[4.](d) The estimated cost to the local government
for enforcement of the proposed rule.

[5.](e) If the proposed rule provides a new fee or
increases an existing fee, the total annual amount the local government expects
to collect and the manner in which the money will be used.

[6.](f) If the proposed rule includes provisions
which duplicate or are more stringent than federal, state or local standards
regulating the same activity, an explanation of why such duplicative or more
stringent provisions are necessary.

2. The
governing body of a local government shall not include the adoption of a
proposed rule on the agenda for a meeting unless a business impact statement
has been prepared and is available for public inspection at the time the agenda
is first posted.

Sec. 3. NRS 237.100 is hereby amended to read
as follows:

237.100 1. A business that is aggrieved by a rule
adopted by the governing body of a local government on or after January 1,
2000, may object to all or a part of the rule by filing a petition with the
governing body that adopted the rule within 30 days after the date on which the
rule was adopted.

2. A petition filed pursuant to subsection 1 may be
based on the following grounds:

(a) The governing body of the local government or its designee failed to
prepare a business impact statement as required pursuant to NRS 237.080; or

(b) The business impact statement prepared by the
governing body or its designee pursuant
to NRS 237.080 did not consider or significantly underestimated the economic
effect of the rule on businesses.

3. After receiving a petition pursuant to subsection
1, the governing body of a local government shall determine whether the
petition has merit. If the governing body determines that the petition has
merit, the governing body may take action to amend the rule to which the
business objected.

4. Each governing body of a local government shall provide
a procedure for an aggrieved business to object to a rule adopted by the
governing body. The procedure must be filed with the clerk of the local
government and available upon request at no charge.

(1) A statement of the need for and purpose of
the proposed regulation.

(2) Either the terms or substance of the
proposed regulation or a description of the subjects and issues involved.

(3) A statement of the estimated economic effect
of the regulation on the business which it is to regulate and on the public.
These must be stated separately and in each case must include:

(I) Both adverse and beneficial effects;
and

(II) Both immediate and long-term effects.

(4) A
statement identifying the methods used by the agency in determining the impact
on a small business prepared pursuant to subsection 3 of NRS 233B.0608.

(5)
The estimated cost to the agency for enforcement of the proposed
regulation.

[(5)] (6) A description of any regulations of other
state or local governmental agencies which the proposed regulation overlaps or
duplicates and a statement explaining why the duplication or overlapping is
necessary. If the regulation overlaps or duplicates a federal regulation, the
notice must include the name of the regulating federal agency.

[(6)] (7) If the regulation is required pursuant to
federal law, a citation and description of the federal law.

[(7)] (8) If the regulation includes provisions
which are more stringent than a federal regulation that regulates the same
activity, a summary of such provisions.

[(8)] (9) The time when, the place where and the
manner in which interested persons may present their views regarding the
proposed regulation.

(b) State each address at which the text of the
proposed regulation may be inspected and copied.

(c) Include an exact copy of the provisions of
subsection 2 of NRS 233B.064.

(d) Include a statement indicating whether the
regulation establishes a new fee or increases an existing fee.

(e) Be mailed to all persons who have requested in
writing that they be placed upon a mailing list, which must be kept by the
agency for that purpose.

(f) Be submitted to the Legislative Counsel Bureau for
inclusion in the Register of Administrative Regulations created pursuant to NRS
233B.0653. The publication of a notice of intent to act upon a regulation in
the register does not satisfy the requirements for notice set forth in
paragraph (e) of this subsection.

2. The Attorney General may by regulation prescribe
the form of notice to be used.

3. In addition to distributing the notice to
each recipient of the agencys regulations, the agency shall also solicit
comment generally from the public and from businesses to be affected by the
proposed regulation.

Sec. 5. NRS 233B.0608 is hereby amended to
read as follows:

233B.0608 1. Before conducting a workshop for a
proposed regulation pursuant to NRS 233B.061, an agency shall determine whether
the proposed regulation is likely to:

(a) Impose a direct and significant economic burden
upon a small business; or

(b) Directly restrict the formation, operation or
expansion of a small business.

2. If an agency determines pursuant to subsection 1
that a proposed regulation is likely to impose a direct and significant
economic burden upon a small business or directly restrict the formation,
operation or expansion of a small business, the agency shall:

(a) Insofar as practicable, consult with owners and
officers of small businesses that are likely to be affected by the proposed
regulation.

(b) Consider methods to reduce the impact of the
proposed regulation on small businesses, including, without limitation:

(1) Simplifying the proposed regulation;

(2) Establishing different standards of
compliance for a small business; and

(3) Modifying a fee or fine set forth in the
regulation so that a small business is authorized to pay a lower fee or fine.

(c) Prepare a small business impact statement and make
copies of the statement available to the public at the workshop conducted and
the public hearing held pursuant to NRS 233B.061.

3. The agency shall prepare a statement identifying the methods used by the
agency in determining the impact of a proposed regulation on a small business.

Sec. 6. This act becomes effective on July 1, 2005.

________

CHAPTER 384, AB 142

Assembly Bill No. 142Committee on Government Affairs

CHAPTER 384

AN ACT relating to
public records; authorizing certain persons to have personal information contained
in the records of a county assessor kept confidential; authorizing a county
assessor to create a program for the disclosure of confidential information for
certain purposes; providing civil and criminal penalties; and providing other
matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section1. Chapter
250 of NRS is hereby amended by adding thereto the provisions set forth as
sections 2 to 15, inclusive, of this act.

Sec. 2. As
used in sections 2 to 15, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 3 and 4 of this act have the
meanings ascribed to them in those sections.

4.Any photograph of the home of the spouse or minor child of
the person,

Κ but does not include an
assessors parcel number.

Sec. 5. 1. Any person listed in section 6 of
this act who wishes to have personal information about himself that is
contained in the records of a county assessor be kept confidential must obtain
an order of a court that requires the county assessor to maintain the personal
information of the person in a confidential manner. Such an order must be based
on a sworn affidavit by the person, which affidavit:

(a) States that the affiant qualifies as a person
listed in section 6 of this act; and

(b) Sets forth sufficient justification for the
request for confidentiality.

2. Upon
receipt of such an order, a county assessor shall keep such information
confidential and shall not:

(a)Disclose the confidential information to anyone, unless
disclosure is specifically authorized in writing by that person; or

(b)Post the confidential information on the Internet or its
successor, if any, or make the information available to others in any other
way.

Sec. 6. 1. The following persons may request
that personal information contained in the records of a county assessor be kept
confidential:

(a) Any justice or judge in this State.

(b) Any peace officer or retired peace officer.

(c) The spouse or minor child of a person described in
paragraph (a) or (b).

(d) The surviving spouse or minor child of a person
described in paragraph (a) or (b) who was killed in the performance of his
duties.

2. As used in this section, peace officer means:

(a) Any person upon whom some or all of the powers of
a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive;
and

(b) Any person:

(1) Who resides in this State;

(2) Whose primary duties are to enforce the
law; and

(3) Who is employed by a law enforcement agency
of the Federal Government, including, without limitation, a ranger for the
National Park Service and an agent employed by the Federal Bureau of
Investigation, Secret Service, United States Department of Homeland Security or
United States Department of the Treasury.

Sec. 7.If
a person listed in section 6 of this act requests confidentiality, the
confidential information of that person may only be disclosed as provided in
section 8 or 10 of this act.

(a)By any governmental entity, including, without limitation,
any court or law enforcement agency, in carrying out its functions, or any
person acting on behalf of a federal, state or local governmental agency in
carrying out its functions.

(b)In connection with any civil, criminal, administrative or
arbitration proceeding before any federal or state court, regulatory body,
board, commission or agency, including, without limitation, use for service of
process, investigation in anticipation of litigation, and execution or enforcement of judgments and orders or pursuant to an order of
a federal or state court.

enforcement of
judgments and orders or pursuant to an order of a federal or state court.

(c)By a private investigator, private patrolman or security
consultant who is licensed pursuant to chapter 648 of NRS, for any use authorized
pursuant to this section.

(d)In connection with an investigation conducted pursuant to
NRS 253.0415, 253.044 or 253.220.

(e)In activities relating to research and the production of
statistical reports, if the address or information will not be published or
otherwise disclosed or used to contact any person.

(f)In the bulk distribution of surveys, marketing material or
solicitations, if the assessor has adopted policies and procedures to ensure
that the information will be used or sold only for use in the bulk distribution
of surveys, marketing material or solicitations.

(g) By a
reporter or editorial employee who is employed by or affiliated with any
newspaper, press association or commercially operated, federally licensed radio
or television station.

2.Except for a reporter or editorial employee described in
paragraph (g) of subsection 1, a person who obtains information pursuant to
this section and sells or discloses that information shall keep and maintain
for at least 5 years a record of:

(a)Each person to whom the information is sold or disclosed;
and

(b)The purpose for which that person will use the information.

Sec. 9. Except
for a request from a governmental entity pursuant to paragraph (a) of
subsection 1 of section 8 of this act or in response to an order of a federal
or state court pursuant to paragraph (b) of subsection 1 of section 8 of this
act, a county assessor may deny a request for confidential information if the
assessor reasonably believes that the information may be used in an
unauthorized manner.

Sec. 10. A county assessor may establish a program whereby a person may request a
complete list of the assessors roll, including, without limitation, any
confidential information, by establishing an account with the office of the
assessor to facilitate his ability to request such information electronically
or by written request if he has submitted to the assessor proof that he is
eligible to request such information pursuant to section 8 of this act and a
signed and notarized affidavit acknowledging:

1.That he has read and fully understands the current laws and
regulations regarding the manner in which confidential information from the
assessors files and records may be obtained and the authorized use of such
information.

2.That he understands that any sale or disclosure of such
information must be in accordance with the provisions of sections 2 to 10,
inclusive, of this act.

3.That he understands that the assessor will maintain a record
of any confidential information he requests.

4.That he understands the penalties for violating the
provisions of sections 2 to 10, inclusive, of this act.

5.That he understands that a violation of any of the
provisions of sections 2 to 10, inclusive, of this act may result in a revocation
of his privilege to request documents pursuant to this section.

Sec. 11. A
county assessor who establishes a program pursuant to section 10 of this act
may revoke the privilege to request documents pursuant to section 10 of this act for a violation of the
provisions of sections 2 to 10, inclusive, of this act.

pursuant to section
10 of this act for a violation of the provisions of sections 2 to 10,
inclusive, of this act.

Sec. 12. If a professional or occupational board determines that its licensees
regularly participate in a program established pursuant to section 10 of this
act, the board shall adopt procedures to ensure that the confidential
information obtained by its licensees pursuant to section 10 of this act is
used for the purposes for which it was obtained.

Sec. 13. 1.A person shall not:

(a)Make a false representation to obtain any information
pursuant to sections 2 to 10, inclusive, of this act; or

(b)Knowingly obtain or disclose information pursuant to
sections 2 to 10, inclusive, of this act for any use not authorized pursuant to
sections 2 to 10, inclusive, of this act.

2.A person who violates the provisions of this section is
guilty of a misdemeanor.

Sec. 14. If a person discloses confidential information about a person listed in
section 6 of this act in violation of sections 2 to 10, inclusive, of this act,
and the person who makes the disclosure knows or reasonably should know that
such disclosure will create a substantial risk of bodily harm to the person
about whom the information pertains, the person who makes the disclosure is
guilty of a misdemeanor.

Sec. 15. In addition to any penalty imposed pursuant to section 13 or 14 of this
act, the court may order a person who commits an act described in those
sections to pay a civil penalty in an amount not to exceed $2,500 for each act.

Sec. 16. This act becomes effective on July 1, 2005.

________

CHAPTER 385, AB 570

Assembly Bill No. 570Committee on Ways and Means

CHAPTER 385

AN ACT relating to
taxation; preventing the issuance of additional allodial titles; eliminating
the authority for an heir to transfer and reestablish an allodial title;
eliminating the authority to delete or add additional allodial titleholders;
and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
361.900 is hereby amended to read as follows:

361.900 1. A person who owns and occupies a
single-family dwelling, its appurtenances and the land on which it is located,
free and clear of all encumbrances, except any unpaid assessment for a public
improvement, may , not later than
the effective date of this act, apply to the county assessor to
establish allodial title to the dwelling, its appurtenances and the land on
which it is located. One or more persons who own such a home in any form of
joint ownership may , not later
than the effective date of this act, apply for the allodial title
jointly if the dwelling is occupied by each person
included in the application.

each person included in the application. The application must
be made on a form prescribed by the State Treasurer. The county assessor may
require that the application be accompanied by a nonrefundable processing fee
of not more than $25. If collected, the fee must be deposited in the county
general fund and used to pay any expenses incurred by the county in carrying
out the provisions of NRS 361.900 to 361.920, inclusive.

2. Upon receipt of an application made pursuant to
subsection 1, the county assessor shall transmit the application to the State
Treasurer. The county assessor shall transmit with the application any
additional information required by the State Treasurer.

3. Upon receipt of an application from a county
assessor, the State Treasurer shall determine the amount of money that would be
required to be paid by the owner of the property to establish allodial title to
the property using a tax rate of $5 for each $100 of assessed valuation on the
date of the application. The amount must be separately calculated to produce an
alternative for payment in a lump sum and an alternative for the payment of
installments over a payment period of not more than 10 years. The amounts must
be calculated to the best ability of the State Treasurer so that the money paid
plus the interest or other income earned on that money will be adequate to pay
all future tax liability of the property for a period equal to the life
expectancy of the youngest titleholder of the property. The State Treasurer
shall make a written record of the calculations upon which the amount was
determined. The record must include an annual projection of the estimated
interest and income that will be earned on the money.

4. Upon completion of the calculations required by
subsection 3, the State Treasurer shall notify the requester of the two
amounts.

5. If the homeowner pays the lump sum indicated by the
State Treasurer pursuant to subsection 4 and submits proof satisfactory to the
State Treasurer that the home is a single-family dwelling occupied by the
homeowner and that the home, its appurtenances and the land on which it is
located are owned free and clear of all encumbrances, except any unpaid
assessment for a public improvement, the State Treasurer shall issue a
certificate of allodial title to the homeowner for the home, its appurtenances
and the land on which it is located that is described in the deed for that
property.

6. If the homeowner notifies the State Treasurer that
the homeowner wishes to enter into an agreement with the State of Nevada to
establish allodial title to his residence by installments, the State Treasurer
shall execute such an agreement on behalf of the State of Nevada. The agreement
must include a provision for rescission of the agreement by the homeowner at
any time before the last payment is made and a guarantee, upon such a
rescission, of a refund of the unused portion of the installment payments. The
unused portion of the installment payments must be calculated by:

(a) Determining the total amount of all installment
payments made before the date of the rescission plus the income and interest
actually accrued on that money; and

(b) Subtracting from the amount determined pursuant to
paragraph (a) a pro rata share of any expenses incurred by the State Treasurer
that are directly and indirectly related to the investment of the money in the
Allodial Title Trust Fund and any costs directly and indirectly related to the
administration of the allodial title program during the period for which the
installment payments were made.

7. The homeowner shall pay the installments directly
to the State Treasurer and shall continue to pay the current property taxes
directly to the county during the period for which the installment payments are
made.

8. Upon receipt of the last installment payment, which
must reflect any increase or decrease in the assessed valuation of the property
since the date of the application, and submission of proof satisfactory to the
State Treasurer that the home is a single-family dwelling occupied by the
homeowner and that the home, its appurtenances and the land on which it is
located are owned free and clear of all encumbrances, except any unpaid
assessment for a public improvement, the State Treasurer shall issue a
certificate of allodial title to the homeowner for the home, its appurtenances
and the land on which it is located that is described in the deed for that
property.

Sec. 2. NRS 361.910 is hereby amended to read
as follows:

361.910 [1.]
Allodial title established pursuant to NRS 361.900 is valid for as long as the
homeowner continues to own the residence unless he [chooses to relinquish]relinquishes the
allodial title pursuant to NRS 361.915. [The allodial title may be
transferred to the heir of the allodial titleholder upon the death of the last
surviving allodial titleholder if:

(a) Within
60 days after taking possession of the home, the heir applies to the county
assessor to reestablish allodial title in the name of the heir or the heir and
one or more persons who own the home in any form of joint ownership with the
heir and who also occupy the dwelling;

(b) The
heir occupies the home within 3 months after the death of the last surviving
allodial titleholder;

(c) The
heir pays any additional amount due for reestablishment of allodial title as
calculated by the State Treasurer pursuant to subsection 4; and

(d) The
home, its appurtenances and the land on which it is located remains
unencumbered, except any unpaid assessment for a public improvement.

2. The
application to reestablish allodial title must be made on a form prescribed by
the State Treasurer. The county assessor may require that the application be
accompanied by a nonrefundable processing fee of not more than $25. If
collected, the fee must be deposited in the county general fund and used to pay
any expenses incurred by the county in carrying out the provisions of NRS
361.900 to NRS 361.920, inclusive.

3. Upon
receipt of an application made pursuant to subsection 2, the county assessor
shall transmit the application to the State Treasurer. The county assessor
shall transmit with the application any additional information required by the
State Treasurer.

4. Upon
receipt of an application for reestablishment of allodial title from a county
assessor, the State Treasurer shall determine the amount of money, if any, that
would be required to be paid by the heir to reestablish allodial title to the
property using a tax rate of $5 for each $100 of assessed valuation applied to
the most recent assessment of the property. The amount must be separately calculated
to produce an alternative for payment in a lump sum and an alternative for the
payment of installments over a payment period of not more than 10 years. The
amounts must be calculated to the best ability of the State Treasurer so that
the money paid by the heir, if necessary, plus the money paid by all previous
allodial titleholders who did not relinquish the allodial title and the
interest or other income earned on that money will be adequate to pay all
future tax liability of the property for a
period equal to the life expectancy of the youngest titleholder of the
property.

period equal to
the life expectancy of the youngest titleholder of the property. The State
Treasurer shall make a written record of the calculations upon which the amount
was determined. The record must include an annual projection of the estimated
interest and income that will be earned on the money.

5. Upon
completion of the calculations required by subsection 4, the State Treasurer
shall notify the heir of the two amounts.

6. If the
heir pays the lump sum indicated by the State Treasurer pursuant to subsection
5 and submits proof satisfactory to the State Treasurer that the home is still
a single-family dwelling occupied by the heir who is the homeowner and that the
home, its appurtenances and the land on which it is located are owned free and
clear of all encumbrances, except any unpaid assessment for a public
improvement, the State Treasurer shall issue a certificate of allodial title to
the heir for the home, its appurtenances and the land on which it is located
that is described in the deed for that property.

7. If the
heir notifies the State Treasurer that he wishes to enter into an agreement
with the State of Nevada to reestablish allodial title to his residence by
installments, the State Treasurer shall execute such an agreement on behalf of
the State of Nevada. The agreement must include a provision for rescission of
the agreement by the heir at any time before the last payment is made and a
guarantee, upon such a rescission, of a refund of the unused portion of the
installment payments. The unused portion of the installment payments must be
calculated by:

(a) Determining
the total amount of all installment payments made before the date of the
rescission and the amount paid by all previous allodial titleholders of the
property who did not relinquish the title, plus the income and interest
actually accrued on that money; and

(b) Subtracting
from the amount determined pursuant to paragraph (a) a pro rata share of any
expenses incurred by the State Treasurer that are directly and indirectly
related to the investment of the money in the Allodial Title Trust Fund and any
costs directly and indirectly related to the administration of the allodial
title program during the period for which the installment payments were made.

8. The
heir shall pay the installments directly to the State Treasurer and shall pay
the current property taxes directly to the county during the period for which
the installment payments are made.

9. Upon
receipt of the last installment payment, which must reflect any increase or
decrease in the assessed valuation of the property since the date of the
application, and submission of proof satisfactory to the State Treasurer that
the home is still a single-family dwelling occupied by the heir who is the
homeowner and that the home, its appurtenances and the land on which it is
located are owned free and clear of all encumbrances, except any unpaid
assessment for a public improvement, the State Treasurer shall issue a
certificate of allodial title to the heir for the home, its appurtenances and
the land on which it is located that is described in the deed for that
property.]

Sec. 3. NRS 361.915 is hereby amended to read
as follows:

361.915 1. A homeowner or heir who has inherited the
property may relinquish the allodial title to the home at any time and shall
relinquish such title:

(a) Upon the sale, lease or other transfer of the
property during the lifetime of the last surviving allodial titleholder of the
property;

(b) Within 150 days after the date on which the last
surviving allodial titleholder no longer occupies the dwelling ; [if an heir has not
submitted an application for reestablishment of allodial title pursuant to NRS
361.910;] or

(c) At the time the home is converted to anything other
than a single-family dwelling occupied by the owner.

2. If the last surviving allodial titleholder, all
allodial titleholders of the residence or all heirs are required by subsection
1 or choose to relinquish the allodial title, the State Treasurer must be
notified in a written document that is signed by each allodial titleholder or
heir and notarized.

3. Upon receipt of a notice to relinquish allodial
title, the State Treasurer shall prepare a refund of the unused portion of the
money in the Allodial Title Trust Fund that is attributable to the title being
relinquished, if any . [,
as required by subsection 4.] The unused portion must be
calculated by:

(a) Determining the total amount paid by the allodial
titleholder into the Allodial Title Trust Fund plus the income and interest
actually accrued on that money; and

(b) Subtracting from the amount determined pursuant to
paragraph (a):

(1) The amount which was paid out for taxes from
the Allodial Title Trust Fund on behalf of the property during the period for
which the allodial title was held;

(2) A pro rata share of any expenses incurred by
the State Treasurer that are directly and indirectly related to the investment
of the money in the Allodial Title Trust Fund and any costs directly and
indirectly related to the administration of the allodial title program during
the period for which the allodial title was held; and

(3) Any money removed from the account for the
property pursuant to subsection 3 of NRS 361.920.

4. [If the result of the calculations made pursuant to subsection
3:

(a) Is less
than $25, the amount must be credited to the Allodial Title Account for
Stabilization.

(b) Is at
least $25, but less than $50, $25 must be refunded to the allodial titleholders
or heirs and the remaining amount must be credited to the Allodial Title
Account for Stabilization.

(c) Is at
least $50, $25 must be credited to the Allodial Title Account for Stabilization
and the remaining amount must be refunded to the allodial titleholders or
heirs.

Κ The State Treasurer is required to
prepare only one refund pursuant to this subsection.

5.]
Immediately upon the acceptance of a notice to relinquish allodial title, the
State Treasurer shall transmit a copy of the notice to the county assessor of
the county in which the property is located. Upon receipt of such a notice, the
county assessor shall make a notation on the tax roll and proceed to collect
all future taxes directly from the homeowner.

[6.] 5. Allodial title may not be relinquished by
less than all of the allodial titleholders or heirs of the residence. [Application
may be made to the county treasurer to delete or add a person as an additional
allodial titleholder. The application must be made on a form prescribed by the
State Treasurer. The county assessor may require that the application be
accompanied by a nonrefundable processing fee of not more than $10. If
collected, the fee must be deposited in the county general fund and used to pay
any expenses incurred by the county in carrying out the provisions of NRS 361.900 to 361.920, inclusive.

NRS 361.900 to
361.920, inclusive. The county treasurer shall grant the application if the
application is signed by all allodial titleholders of the residence, including
the person to be deleted or added.]

Sec. 4. 1. A county assessor shall not accept an
application to establish allodial title to any property if the application is
received on or after the effective date of this act.

2. After the last allodial title is relinquished and the
balance, if any, of the unused portion of the money in the Allodial Title Trust
Fund that is attributable to the title being relinquished is refunded pursuant
to NRS 361.915, the State Treasurer shall transfer the balance, if any, in the
Allodial Title Account for Stabilization to the State General Fund.

3. The State Treasurer shall, not later than 90 days after
the last allodial title is relinquished, notify the Director of the Legislative
Counsel Bureau.

Sec. 5. This act becomes effective upon passage and
approval.

________

CHAPTER 386, AB 364

Assembly Bill No. 364Committee on Commerce and Labor

CHAPTER 386

AN ACT relating to
industrial insurance; revising provisions relating to the notices required when
a contractors coverage lapses; requiring an insurer that makes payments of
compensation to an injured employee for a permanent total disability to provide
certain accountings to the injured employee; requiring an insurer to reopen a
claim to consider the payment of compensation for a permanent partial
disability under certain circumstances; authorizing an insurer or an injured
employee to request a vocational rehabilitation counselor to prepare a written
assessment of the injured employee under certain circumstances; prohibiting a
vocational rehabilitation counselor who is employed by the entity administering
an injured employees case from providing services to the injured employee
under certain circumstances; providing an injured employee with the right to be
assigned an alternate vocational rehabilitation counselor who is not affiliated
with the entity administering the injured employees case; and providing other
matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS
616B.333 is hereby amended to read as follows:

616B.333 1. If for any reason the status of an
employer as a self-insured employer is terminated, the security deposited under
NRS 616B.300 must remain on deposit for a period of at least 36 months in such
amount as necessary to secure the outstanding and contingent liability arising
from accidental injuries or occupational diseases secured by such security, or
to assure the payment of claims for aggravation ,[and]
payment of claims under NRS 616C.390 and payment of claims under section 6 of this act based on
such accidental injuries or occupational diseases.

2. At the expiration of the 36-month period, or such
other period as the Commissioner [of Insurance]
deems proper, the Commissioner [of Insurance] may accept , in lieu of any security
so deposited , a
policy of paid-up insurance in a form approved by the Commissioner .[of Insurance.]

Sec. 2. NRS 616B.434 is hereby amended to
read as follows:

616B.434 1. If for any reason the status of an
association of self-insured public or private employers as an association of
self-insured employers is terminated, the security deposited under NRS 616B.353
must remain on deposit for at least 36 months in such an amount as is necessary
to secure the outstanding and contingent liability arising from accidental
injuries or occupational diseases secured by the security, or to assure the
payment of claims for aggravation
,[and] payment of claims under NRS
616C.390 and payment of claims
under section 6 of this act based on such accidental injuries or
occupational diseases.

2. At the expiration of the 36-month period, or such
other period as the Commissioner deems proper, the Commissioner may accept , in lieu of any security
so deposited , a
policy of paid-up insurance in a form approved by the Commissioner.

Sec. 3. NRS 616B.630 is hereby amended to
read as follows:

616B.630 1. [An insurer of a contractor] The Administrator shall , not later than 10 days after
receiving notice from the advisory organization that a contractors coverage
has lapsed, notify the State Contractors Board [within
10 days after the contractors coverage has lapsed.] of that fact.

2. The Commissioner shall notify the Administrator and the
State Contractors Board within 10 days after a contractors certificate of
qualification as a self-insured employer is cancelled or withdrawn or he is no
longer a member of an association of self-insured public or private employers.

Sec. 4. Chapter 616C of NRS is hereby amended
by adding thereto the provisions set forth as sections 5, 6 and 7 of this act.

Sec. 5. 1.
An insurer that
makes payments of compensation to an injured employee for a permanent total
disability shall provide to the injured employee an annual accounting in the
form of a letter that sets forth with respect to the payments:

(a) The total
amount of the compensation for the permanent total disability that the injured
employee is entitled to receive, before any deductions are made;

(b) The net
amount of the current payment for the compensation;

(c) The amount
of any deduction that is made against the total amount of the compensation, if
any; and

(d) If a
deduction is being made against the total amount of the compensation to repay
any previous awards of compensation for a permanent partial disability:

(1) The
amount of the deduction;

(2) The
claim number for each of those awards; and

(3) The
balance of each of those awards.

2. An
injured employee may request in writing from the insurer an accounting
described in subsection 1. The accounting must cover the period from the date
on which the most recent annual accounting was provided to the injured employee
pursuant to subsection 1 to the date on which the written request is made. The
insurer shall provide the accounting to the injured employee not later than 30
days after receiving the written
request for the accounting from the injured employee.

the written
request for the accounting from the injured employee. Any accounting provided
by an insurer to an injured employee pursuant to this subsection must be
provided in addition to, and not in lieu of, the annual accountings required
pursuant to subsection 1.

Sec. 6. 1. An insurer shall reopen a claim to consider the payment
of compensation for a permanent partial disability if:

(a) The
claim was closed and the claimant was not scheduled for an evaluation of the
injury in accordance with NRS 616C.490;

(b) The
claimant demonstrates by a preponderance of the evidence that, at the time that
the case was closed, the claimant was, because of the injury, qualified to be
scheduled for an evaluation for a permanent partial disability; and

(c) The
insurer has violated a provision of NRS 616D.120 with regard to the claim.

2. The
demonstration required pursuant to paragraph (b) of subsection 1 must be made
with documentation that existed at the time that the case was closed.

3. Notwithstanding
any specific statutory provision to the contrary, the consideration of whether
a claimant is entitled to payment of compensation for a permanent partial
disability for a claim that is reopened pursuant to this section must be made
in accordance with the provisions of the applicable statutory and regulatory
provisions that existed on the date on which the claim was closed, including,
without limitation, using the edition of the American Medical Associations Guides
to the Evaluation of Permanent Impairment as adopted by the Division
pursuant to NRS 616C.110 that was applicable on the date the claim was closed.

Sec. 7. 1. If the employer of a vocational
rehabilitation counselor is also the entity administering an injured employees
case, the vocational rehabilitation counselor shall not provide services as a
vocational rehabilitation counselor to the injured employee, including, without
limitation, completing a written assessment pursuant to NRS 616C.550, unless,
before the commencement of such services, the injured employee is provided with
a written disclosure that:

(a) Discloses the relationship between the vocational
rehabilitation counselor and the entity administering the injured employees
case; and

(b) Informs the injured employee of his right to be
assigned an alternate vocational rehabilitation counselor who is not affiliated
with the entity administering the injured employees case.

2. After
receiving the written disclosure required pursuant to subsection 1, the injured
employee has a right to be assigned an alternate vocational rehabilitation
counselor who is not affiliated with the entity administering the injured
employees case. To be assigned an alternate vocational rehabilitation
counselor, the injured employee must submit a written request to the entity
administering the injured employees case before the commencement of vocational
rehabilitation services. Not later than 10 days after receiving such a request,
the entity administering the injured employees case shall assign the injured
employee an alternate vocational rehabilitation counselor who is not affiliated
with the entity administering the injured employees case.

1.
If an application to reopen a claim to increase or rearrange compensation is
made in writing more than 1 year after the date on which the claim was closed,
the insurer shall reopen the claim if:

(a) A change of circumstances warrants an increase or
rearrangement of compensation during the life of the claimant;

(b) The primary cause of the change of circumstances is
the injury for which the claim was originally made; and

(c) The application is accompanied by the certificate
of a physician or a chiropractor showing a change of circumstances which would
warrant an increase or rearrangement of compensation.

2. After a claim has been closed, the insurer, upon
receiving an application and for good cause shown, may authorize the reopening
of the claim for medical investigation only. The application must be
accompanied by a written request for treatment from the physician or
chiropractor treating the claimant, certifying that the treatment is indicated
by a change in circumstances and is related to the industrial injury sustained
by the claimant.

3. If a claimant applies for a claim to be reopened
pursuant to subsection 1 or 2 and a final determination denying the reopening
is issued, the claimant shall not reapply to reopen the claim until at least 1
year after the date on which the final determination is issued.

4. Except as otherwise provided in subsection 5, if an
application to reopen a claim is made in writing within 1 year after the date
on which the claim was closed, the insurer shall reopen the claim only if:

(a) The application is supported by medical evidence
demonstrating an objective change in the medical condition of the claimant; and

(b) There is clear and convincing evidence that the
primary cause of the change of circumstances is the injury for which the claim
was originally made.

5. An application to reopen a claim must be made in
writing within 1 year after the date on which the claim was closed if:

(a) The claimant was not off work as a result of the
injury; and

(b) The claimant did not receive benefits for a
permanent partial disability.

Κ If an
application to reopen a claim to increase or rearrange compensation is made
pursuant to this subsection, the insurer shall reopen the claim if the
requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met.

6. If an employees claim is reopened pursuant to this
section, he is not entitled to vocational rehabilitation services or benefits
for a temporary total disability if, before his claim was reopened, he:

(a) Retired; or

(b) Otherwise voluntarily removed himself from the
workforce,

Κ for reasons
unrelated to the injury for which the claim was originally made.

7. One year after the date on which the claim was
closed, an insurer may dispose of the file of a claim authorized to be reopened
pursuant to subsection 5, unless an application to reopen the claim has been
filed pursuant to that subsection.

8. An increase or rearrangement of compensation is not
effective before an application for reopening a claim is made unless good cause
is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a
physician or a chiropractor.

treatment the necessity for which has been certified by a
physician or a chiropractor.

9. A claim that closes pursuant to subsection 2 of NRS
616C.235 and is not appealed or is unsuccessfully appealed pursuant to the
provisions of NRS 616C.305 and 616C.315 to 616C.385, inclusive, may not be
reopened pursuant to this section.

10. The provisions of this section apply to any claim
for which an application to reopen the claim or to increase or rearrange
compensation is made pursuant to this section, regardless of the date of the
injury or accident to the claimant. If a claim is reopened pursuant to this
section, the amount of any compensation or benefits provided must be determined
in accordance with the provisions of NRS 616C.425.

Sec. 9. NRS 616C.495 is hereby amended to
read as follows:

616C.495 1. Except as otherwise provided in NRS
616C.380, an award for a permanent partial disability may be paid in a lump sum
under the following conditions:

(a) A claimant injured on or after July 1, 1973, and
before July 1, 1981, who incurs a disability that does not exceed 12 percent
may elect to receive his compensation in a lump sum. A claimant injured on or
after July 1, 1981, and before July 1, 1995, who incurs a disability that does
not exceed 25 percent may elect to receive his compensation in a lump sum.

(b) The spouse, or in the absence of a spouse, any
dependent child of a deceased claimant injured on or after July 1, 1973, who is
not entitled to compensation in accordance with NRS 616C.505, is entitled to a
lump sum equal to the present value of the deceased claimants undisbursed
award for a permanent partial disability.

(c) Any claimant injured on or after July 1, 1981, and
before July 1, 1995, who incurs a disability that exceeds 25 percent may elect
to receive his compensation in a lump sum equal to the present value of an
award for a disability of 25 percent. If the claimant elects to receive
compensation pursuant to this paragraph, the insurer shall pay in installments
to the claimant that portion of the claimants disability in excess of 25
percent.

(d) Any claimant injured on or after July 1, 1995, may
elect to receive his compensation in a lump sum in accordance with regulations
adopted by the Administrator and approved by the Governor. The Administrator
shall adopt regulations for determining the eligibility of such a claimant to
receive all or any portion of his compensation in a lump sum. Such regulations
may include the manner in which an award for a permanent partial disability may
be paid to such a claimant in installments. Notwithstanding the provisions of
NRS 233B.070, any regulation adopted pursuant to this paragraph does not become
effective unless it is first approved by the Governor.

2. If the claimant elects to receive his payment for a
permanent partial disability in a lump sum pursuant to subsection 1, all of his
benefits for compensation terminate. His acceptance of that payment constitutes
a final settlement of all factual and legal issues in the case. By so accepting
he waives all of his rights regarding the claim, including the right to appeal
from the closure of the case or the percentage of his disability, except:

(a) His right to [reopen]:

(1)
Reopen his claim [according to]in accordance with the provisions of NRS
616C.390; or

(2)
Have his claim considered by his insurer pursuant to section 6 of this act;

(b) Any counseling, training or other rehabilitative
services provided by the insurer; and

(c) His right to receive a benefit penalty in
accordance with NRS 616D.120.

Κ The claimant
must be advised in writing of the provisions of this subsection when he demands
his payment in a lump sum, and has 20 days after the mailing or personal
delivery of the notice within which to retract or reaffirm his demand, before
payment may be made and his election becomes final.

3. Any lump-sum payment which has been paid on a claim
incurred on or after July 1, 1973, must be supplemented if necessary to conform
to the provisions of this section.

4. Except as otherwise provided in this subsection,
the total lump-sum payment for disablement must not be less than one-half the
product of the average monthly wage multiplied by the percentage of disability.
If the claimant received compensation in installment payments for his permanent
partial disability before electing to receive his payment for that disability
in a lump sum, the lump-sum payment must be calculated for the remaining
payment of compensation.

5. The lump sum payable must be equal to the present
value of the compensation awarded, less any advance payment or lump sum
previously paid. The present value must be calculated using monthly payments in
the amounts prescribed in subsection 7 of NRS 616C.490 and actuarial annuity
tables adopted by the Division. The tables must be reviewed annually by a
consulting actuary.

6. If a claimant would receive more money by electing to
receive compensation in a lump sum than he would if he receives installment
payments, he may elect to receive the lump-sum payment.

Sec. 10. NRS 616C.550 is hereby amended to
read as follows:

616C.550 1. [Except as otherwise
provided in this section, if]If benefits for a temporary total disability
will be paid to an injured employee for more than 90 days, [a vocational
rehabilitation counselor shall, within 30 days after being assigned to the claim,
make]the
insurer or injured employee may request a vocational rehabilitation counselor
to prepare a written assessment of the injured employees ability
or potential to return to:

(a) The position he held at the time that he was
injured; or

(b) Any other gainful employment.

2. Before completing the written assessment, the
counselor shall:

(a) Contact the injured employee and:

(1) Identify the injured employees educational
background, work experience and career interests; and

(1) Whether the employee has any temporary or
permanent physical limitations;

(2) The estimated duration of the limitations;

(3) Whether there is a plan for continued
medical treatment; and

(4) When the employee may return to the position
that he held at the time of his injury or to any other position. The treating
physician or chiropractor shall determine whether an
employee may return to the position that he held at the time of his injury.

chiropractor shall determine whether an employee may return
to the position that he held at the time of his injury.

3. Except
as otherwise provided in section 7 of this act, the counselor shall prepare the
written assessment within 30 days after receiving the request for the written
assessment pursuant to subsection 1. The written assessment must
contain a determination as to whether the employee is eligible for vocational
rehabilitation services pursuant to NRS 616C.590. If the insurer, with the
assistance of the counselor, determines that the employee is eligible for
vocational rehabilitation services, a plan for a program of vocational
rehabilitation must be completed pursuant to NRS 616C.555.

4. The Division may, by regulation, require a written
assessment to include additional information.

5. If an insurer determines that [the]a written assessment
[required by this section]requested for an injured employee
pursuant to subsection 1 is impractical because of the expected
duration of the injured employees
total temporary disability, the insurer shall:

(a) Complete a written report which specifies his
reasons for the decision; and

(b) Review the claim at least once every 60 days.

6. The insurer shall deliver a copy of the written
assessment or the report completed pursuant to subsection 5 to the injured
employee, his employer, the treating physician or chiropractor and the injured
employees attorney or representative, if applicable.

7. For the purposes of this section, existing
marketable skills include, but are not limited to:

(a) Completion of:

(1) A program at a trade school;

(2) A program which resulted in an associates
degree; or

(3) A course of study for certification,

Κ if the
program or course of study provided the skills and training necessary for the
injured employee to be gainfully employed on a reasonably continuous basis in
an occupation that is reasonably available in this State.

(b) Completion of a 2-year or 4-year program at a
college or university which resulted in a degree.

(c) Completion of any portion of a program for a
graduates degree at a college or university.

(d) Skills acquired in previous employment, including
those acquired during an apprenticeship or a program for on-the-job training.

Κ The skills
set forth in paragraphs (a) to (d), inclusive, must have been acquired within
the preceding 7 years and be compatible with the physical limitations of the
injured employee to be considered existing marketable skills.

Sec. 11. NRS 616C.555 is hereby amended to
read as follows:

616C.555 1. A vocational rehabilitation counselor
shall develop a plan for a program of vocational rehabilitation for each
injured employee who is eligible for vocational rehabilitation services
pursuant to NRS 616C.590. The counselor shall work with the insurer and the
injured employee to develop a program that is compatible with the injured
employees age, sex and physical condition.

2. If the counselor [determined in the]determines in a written
assessment [developed]requested pursuant to NRS 616C.550 that the injured employee has existing marketable skills, the plan must
consist of job placement assistance only.

injured employee has existing marketable skills, the plan
must consist of job placement assistance only. When practicable, the goal of
job placement assistance must be to aid the employee in finding a position
which pays a gross wage that is equal to or greater than 80 percent of the
gross wage that he was earning at the time of his injury. An injured employee
must not receive job placement assistance for more than 6 months after the date
on which he was notified that he is eligible only for job placement assistance
because:

(a) He was physically capable of returning to work; or

(b) It was determined that he had existing marketable
skills.

3. If the counselor [determined in the]determines in a written
assessment [developed]requested pursuant to NRS 616C.550 that the
injured employee does not have existing marketable skills, the plan must
consist of a program which trains or educates the injured employee and provides
job placement assistance. Except as otherwise provided in NRS 616C.560, such a
program must not exceed:

(a) If the injured employee has incurred a permanent
disability as a result of which permanent restrictions on his ability to work
have been imposed but no permanent physical impairment rating has been issued,
or a permanent disability with a permanent physical impairment of 1 percent or
more but less than 6 percent, 9 months.

(b) If the injured employee has incurred a permanent
physical impairment of 6 percent or more, but less than 11 percent, 1 year.

(c) If the injured employee has incurred a permanent
physical impairment of 11 percent or more, 18 months.

Κ The
percentage of the injured employees permanent physical impairment must be
determined pursuant to NRS 616C.490.

4. A plan for a program of vocational rehabilitation
must comply with the requirements set forth in NRS 616C.585.

5. A plan created pursuant to subsection 2 or 3 must
assist the employee in finding a job or train or educate the employee and
assist him in finding a job that is a part of an employers regular business operations
and from which the employee will gain skills that would generally be
transferable to a job with another employer.

6. A program of vocational rehabilitation must not
commence before the treating physician or chiropractor, or an examining
physician or chiropractor determines that the injured employee is capable of
safely participating in the program.

7. If, based upon the opinion of a treating or an
examining physician or chiropractor, the counselor determines that an injured
employee is not eligible for vocational rehabilitation services, the counselor
shall provide a copy of the opinion to the injured employee, the injured
employees employer and the insurer.

8. A plan for a program of vocational rehabilitation
must be signed by a certified vocational rehabilitation counselor.

9. If an initial program of vocational rehabilitation
pursuant to this section is unsuccessful, an injured employee may submit a
written request for the development of a second program of vocational
rehabilitation which relates to the same injury. An insurer shall authorize a
second program for an injured employee upon good cause shown.

10. If a second program of vocational rehabilitation
pursuant to subsection 9 is unsuccessful, an injured employee may submit a
written request for the development of a third program of
vocational rehabilitation which relates to the same injury.

request for the development of a third program of vocational
rehabilitation which relates to the same injury. The insurer, with the approval
of the employer who was the injured employees employer at the time of his
injury, may authorize a third program for the injured employee. If such an
employer has terminated operations, his approval is not required for
authorization of a third program. An insurers determination to authorize or
deny a third program of vocational rehabilitation may not be appealed.

11. The Division shall adopt regulations to carry out the
provisions of this section. The regulations must specify the contents of a plan
for a program of vocational rehabilitation.

Sec. 12. NRS 687A.033 is hereby amended to
read as follows:

687A.033 1. Covered claim means an unpaid claim or
judgment, including a claim for unearned premiums, which arises out of and is
within the coverage of an insurance policy to which this chapter applies issued
by an insurer which becomes an insolvent insurer, if one of the following
conditions exists:

(a) The claimant or insured, if a natural person, is a
resident of this State at the time of the insured event.

(b) The claimant or insured, if other than a natural
person, maintains its principal place of business in this State at the time of
the insured event.

(c) The property from which the first party property
damage claim arises is permanently located in this State.

(d) The claim is not a covered claim pursuant to the
laws of any other state and the premium tax imposed on the insurance policy is
payable in this State pursuant to NRS 680B.027.

2. The term does not include:

(a) An amount that is directly or indirectly due a
reinsurer, insurer, insurance pool or underwriting association, as recovered by
subrogation, indemnity or contribution, or otherwise.

(b) That part of a loss which would not be payable
because of a provision for a deductible or a self-insured retention specified
in the policy.

(c) Except as otherwise provided in this paragraph, any
claim filed with the Association:

(1) More than 18 months after the date of the
order of liquidation; or

(2) After the final date set by the court for
the filing of claims against the liquidator or receiver of the insolvent
insurer,

Κ whichever is
earlier. The provisions of this paragraph do not apply to a claim for workers
compensation that is reopened pursuant to the provisions of NRS 616C.390[.] or section 6 of this act.

(d) A claim filed with the Association for a loss that
is incurred but is not reported to the Association before the expiration of the
period specified in subparagraph (1) or (2) of paragraph (c).

(e) An obligation to make a supplementary payment for
adjustment or attorneys fees and expenses, court costs or interest and bond
premiums incurred by the insolvent insurer before the appointment of a
liquidator, unless the expenses would also be a valid claim against the
insured.

(f) A first party or third party claim brought by or
against an insured, if the aggregate net worth of the insured and any affiliate
of the insured, as determined on a consolidated basis, is more than $25,000,000
on December 31 of the year immediately preceding the date the insurer becomes
an insolvent insurer. The provisions of this paragraph do not apply to a claim
for workers compensation. As used in this paragraph, affiliate means a person who directly or indirectly owns or controls, is owned
or controlled by, or is under common ownership or control with, another person.

person who directly or indirectly owns or controls, is owned
or controlled by, or is under common ownership or control with, another person.
For the purpose of this definition, the terms owns, is owned and
ownership mean ownership of an equity interest, or the equivalent thereof, of
10 percent or more.

________

CHAPTER 387, SB 396

Senate Bill No. 396Committee on Natural Resources

CHAPTER 387

AN ACT relating to
waste; revising the scope of activity for certain fees regarding waste disposal
and management; revising the provisions regarding searches and inspections of
solid waste disposal facilities; revising the provisions regarding the disposal
of motor vehicle batteries, tires and oil; revising the use of injunctions when
regulating solid waste; creating a program for reducing and recycling solid
waste from businesses in certain counties; revising the notice for the
acceptance of used vehicle tires during the retail sale of new tires;
authorizing certain grants for solid waste management; revising various
provisions regarding permits, procedures, standards and variances for
landfills; and providing other matters properly relating thereto.

[Approved: June 13, 2005]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section1.NRS 444.560 is hereby amended to
read as follows:

444.560 1. The State Environmental Commission shall
adopt regulations concerning solid waste management systems, or any part
thereof, including regulations establishing standards for the issuance,
renewal, modification, suspension, revocation and denial of, and for the
imposition of terms and conditions for, a permit to construct or operate a
disposal site.

2. The State Environmental Commission may establish a
schedule of fees for the [importation of solid waste into the State.] disposal of solid waste in areas
subject to the jurisdiction of the State Department of Conservation and Natural
Resources in accordance with NRS 444.495 or for the issuance of permits or
other approvals by the Department for the operation of solid waste management
facilities. The Department may use the money collected under the
schedule to defray the cost of managing and regulating [the disposal in this
State of solid waste which is generated outside of the State.] solid waste.

3.
Notice of the intention to adopt and the adoption of any regulation or schedule
of fees must be given to the clerk of the governing board of all municipalities
in this State.

4. Within a reasonable time, as fixed by the State
Environmental Commission, after the adoption of any regulation, no governing
board of a municipality or person may operate or permit an operation in
violation of the regulation.

444.570 1. The State Department of Conservation and
Natural Resources shall:

(a) Advise, consult and cooperate with other agencies
and commissions of the State, other states, the Federal Government,
municipalities and persons in the formulation of plans for and the
establishment of any solid waste management system.

(b) Accept and administer loans and grants from any
person that may be available for the planning, construction and operation of
solid waste management systems.

(c) Enforce the provisions of NRS 444.440 to 444.560,
inclusive, and any regulation adopted by the State Environmental Commission
pursuant thereto.

(d) Periodically review the programs of other solid
waste management authorities in the State for issuing permits pursuant to NRS
444.553 and 444.556 and ensuring compliance with the terms and conditions of
such permits, the regulations of the State Environmental Commission, the laws
of this State and the provisions of the Resource Conservation and Recovery Act
of 1976, [Subtitle D,] 42 U.S.C. §§ 6941 et seq.,
and the regulations adopted pursuant thereto. The Director of the State
Department of Conservation and Natural Resources shall review the adequacy of
such programs in accordance with the standards adopted by the United States
Environmental Protection Agency to review the adequacy of the state program. If
the Director determines that a program is inadequate, the Department shall act
as the solid waste management authority until the deficiency is corrected. A
finding by the Director that a program is inadequate is not final until
reviewed by the State Environmental Commission. This paragraph does not limit
the authority or responsibility of a district board of health to issue permits
for disposal sites and enforce the laws of this State regarding solid waste
management systems.

(e) Make such investigations and inspections and
conduct such monitoring and testing as may be necessary to require compliance
with NRS 444.450 to 444.560, inclusive, and any regulation adopted by the State
Environmental Commission.

2. The State Environmental Commission shall:

(a) In cooperation with governing bodies of
municipalities, develop a statewide solid waste management system plan, and
review and revise the plan every 5 years.

(c) Review any determination by the Director of the
State Department of Conservation and Natural Resources that a program for
issuing permits administered by a solid waste management authority is
inadequate. The Commission may affirm, modify or reverse the findings of the
Director.

3. Employees of the State Department of Conservation
and Natural Resources or its authorized representatives [may enter a facility,]may, during the normal hours of
operation of a facility subject to the provisions of NRS 444.440
to 444.620, inclusive, [where solid]enter and inspect areas of the facility where:

(a) Solid waste
may have been generated, stored, transported, treated or [disposed, or where
records]disposed;
or

(a) Dispose of, abandon or dump a motor vehicle
battery, motor vehicle tire or motor oil at any site which has not been issued
a permit for that purpose by the [State Department of Conservation and
Natural Resources;] solid waste management authority;

(b) Dispose of, abandon or dump a motor vehicle
battery, motor vehicle tire or motor oil at a sanitary landfill or other
disposal site established by a municipality which has not been issued a permit
for that purpose by the [State Department of Conservation and Natural Resources;] solid waste management authority;
or

(c) Incinerate a motor vehicle battery or motor vehicle
tire as a means of ultimate disposal, unless the incineration is approved by
the [Department] solid waste management authority for the
recovery of energy or other appropriate use.

2. A person who violates the provisions of subsection
1 is guilty of a misdemeanor and except as otherwise provided in NRS 445C.010
to 445C.120, inclusive, shall be punished by a fine of not less than $100 per
violation.

3. The State
Department of
Conservation and Natural Resources shall establish a plan for the
appropriate disposal of used or waste motor vehicle batteries, motor vehicle
tires and motor oil. The plan must include the issuance of permits to approved
sites or facilities for the disposal of those items by the public. The plan may
include [coordination with the Office of Community Service within the
Governors Office for the] education of the public
regarding the necessity of disposing of these items properly and recycling
them.

4. The State
Department of
Conservation and Natural Resources shall encourage the voluntary
establishment of authorized sites which are open to the public for the deposit
of used or waste motor vehicle batteries, motor vehicle tires and motor oil.

5. The provisions of subsections 1 and 2 do not apply
to the disposal of used or waste motor vehicle batteries or motor vehicle tires
if the unavailability of a site that has been issued a permit by the [State
Department of Conservation and Natural Resources]solid waste management authority makes
disposal at such a site impracticable. The provisions of this subsection do not
exempt a person from any other regulation of the [Department]solid waste management authority concerning
the disposal of used or waste motor vehicle batteries or motor vehicle tires.

Sec.4.NRS
444.592 is hereby amended to read as follows:

444.592 If the solid waste management authority
receives information that the handling, storage, recycling, transportation,
treatment or disposal of any solid waste presents or may present a threat to
human health, public safety or the environment, or is in violation of a term or
condition of a permit issued pursuant to NRS 444.553 or 444.556, a statute, a
regulation or an order issued pursuant to NRS 444.594, the authority may, in
addition to any other remedy provided in NRS 444.440 to 444.620, inclusive:

1. Issue an order directing the owner or operator of
the disposal site or any other site where the handling, storage, recycling,
transportation, treatment or disposal has occurred or may
occur, or any other person who has custody of the solid waste, to take such
steps as are necessary to prevent the act or eliminate the practice which
constitutes the threat or violation.

treatment or disposal has occurred or may occur, or any other
person who has custody of the solid waste, to take such steps as are necessary
to prevent the act or eliminate the practice which constitutes the threat or
violation.

2. Commence an action in a court of competent
jurisdiction to enjoin the act or practice which constitutes the threat or
violation in accordance with the provisions of NRS [459.580.]444.600.

3. Take any other action designed to reduce or eliminate
the threat or violation.

Sec.5.NRS 444A.040 is hereby amended to
read as follows:

444A.040 1. The board of county commissioners in a
county whose population is 100,000 or more, or its designee, shall make
available for use in that county a program for:

(a) The separation at the source of recyclable material
from other solid waste originating from the residential premises and public
buildings where services for the collection of solid waste are provided.

(b) The establishment of recycling centers for the
collection and disposal of recyclable material where existing recycling centers
do not carry out the purposes of the program.

(c) The disposal of hazardous household products which
are capable of causing harmful physical effects if inhaled, absorbed or
ingested. This program may be included as a part of any other program made
available pursuant to this subsection.

(d) The
encouragement of businesses to reduce solid waste and to separate at the source
recyclable material from other solid waste. This program must, without
limitation, make information regarding solid waste reduction and recycling
opportunities available to a business at the time the business applies for or
renews a business license.

2. The board of county commissioners of a county whose
population is 40,000 or more but less than 100,000, or its designee:

(a) May make available for use in that county a program
for the separation at the source of recyclable material from other solid waste
originating from the residential premises and public buildings where services
for the collection of solid waste are provided.

(b) Shall make available for use in that county a
program for:

(1) The establishment of recycling centers for
the collection and disposal of recyclable material where existing recycling
centers do not carry out the purposes of the program established pursuant to
paragraph (a).

(2) The disposal of hazardous household products
which are capable of causing harmful physical effects if inhaled, absorbed or
ingested. This program may be included as a part of any other program made
available pursuant to this subsection.

3. The board of county commissioners of a county whose
population is less than 40,000, or its designee, may make available for use in
that county a program for:

(a) The separation at the source of recyclable material
from other solid waste originating from the residential premises and public
buildings where services for the collection of solid waste are provided.

(b) The establishment of recycling centers for the
collection and disposal of recyclable material where existing recycling centers
do not carry out the purposes of the program.

(c) The disposal of hazardous household products which
are capable of causing harmful physical effects if inhaled, absorbed or
ingested. This program may be included as a part of any
other program made available pursuant to this subsection.

program may be included as a part of any other program made
available pursuant to this subsection.

4. Any program made available pursuant to this
section:

(a) Must not:

(1) Conflict with the standards adopted by the
State Environmental Commission pursuant to NRS 444A.020; and

(2) Become effective until approved by the
Department.

(b) May be based on the model plans adopted pursuant to
NRS 444A.030.

5. The governing body of a municipality may adopt and
carry out within the municipality such programs made available pursuant to this
section as are deemed necessary and appropriate for that municipality.

6. Any municipality may, with the approval of the
governing body of an adjoining municipality, participate in any program adopted
by the adjoining municipality pursuant to subsection 5.

7. Persons residing on an Indian reservation or Indian
colony may participate in any program adopted pursuant to subsection 5 by a
municipality in which the reservation or colony is located if the governing
body of the reservation or colony adopts an ordinance requesting such
participation. Upon receipt of such a request, the governing body of the
municipality shall make available to the residents of the reservation or colony
those programs requested.

Sec.6.NRS
444A.050 is hereby amended to read as follows:

444A.050 1. A county or health district that adopts a
program pursuant to NRS 444A.040 shall:

(a) On or before July 1 of each year, submit a report
to the Department of the number of tons of material disposed of in the area
covered by the program.

(b) Within 6 months after adopting the program, and at
least once every 6 months thereafter, notify all persons occupying residential,
commercial, governmental and institutional premises within the area covered by
the program of the local recycling opportunities and the need to reduce the
amount of waste generated.

2. The governing body of a municipality that adopts a
program pursuant to NRS 444A.040 shall:

(a) Adopt such ordinances as are necessary for the enforcement
of the program.

(b) At least once every [36]24 months, conduct a
review of the program and [make]propose such revisions to the program and any
ordinances adopted pursuant thereto as [are deemed]the governing body determines are necessary
and appropriate. The findings of
the review and any proposed revisions must be submitted to the Department for
approval on or before July 30 of each even-numbered year.

Sec.7.NRS
444A.060 is hereby amended to read as follows:

444A.060 1. A person who offers a tire for a vehicle
for sale at retail shall post at the point of purchase a written notice which
is at least 8 1/2 inches by 11 inches in size and contains the following
information:

NOTICE

State law requires us to
accept used tires for disposal or
recycling when new tires are purchased from us.

2. It is unlawful for a person who offers a tire for a
vehicle for retail sale to refuse to accept used or waste tires in exchange on
the purchase of a new tire. This section does not require the purchaser of a
tire to provide a used or waste tire as a condition of his purchase of a new
tire. The seller shall comply with the regulations of the State Environmental
Commission regarding the proper disposal of the used or waste tires so
collected. In addition to any other applicable penalty, any person who violates
the provisions of this subsection is guilty of a misdemeanor and shall be fined
not less than $100 for each day of violation.

Sec.8.NRS
444A.110 is hereby amended to read as follows:

444A.110 1. The Division [of Environmental
Protection of the State Department of Conservation and Natural Resources]
shall develop a program of public education to provide information, increase
public awareness of the individual responsibility of properly disposing of
solid waste and encouraging public participation in recycling, reuse and waste
reduction. The program must be designed in accordance with the plans to provide
for a solid waste management system approved pursuant to NRS 444.510 to
communicate the importance of conserving natural resources, in addition to the
importance of protecting public health and the environment. The program must
include promotion of the private and public efforts to accomplish conservation,
recovery and reuse.

2. The Division [of Environmental
Protection of the State Department of Conservation and Natural Resources]
shall encourage the reduction of waste and litter by:

(a) Providing, upon request, advice to persons
regarding techniques to reduce waste and general information on recycling.

(b) Establishing a computer database to process related
information.

(c) Establishing a toll-free telephone line to assist
in the dissemination of information.

(e) Assisting local programs for the research and
development of plans to reduce waste.

(f) Coordinating the dissemination of publications on
waste reduction, regardless of the source of those publications.

(g) Assisting in the development and promotion of
programs of continuing education for educators and administrators to enable
them to teach and encourage methods of waste reduction.

(h) Developing an emblem to signify and advertise the
efforts in Nevada to encourage recycling.

(i) Recommending to educational institutions courses
and curricula relating to recycling and the reduction of waste.

(j) Assisting state agencies, upon request, to develop
and carry out programs for recycling within state buildings.

3. The Division [of Environmental
Protection of the State Department of Conservation and Natural Resources]
shall coordinate the technical assistance available from the various state
agencies. The Administrator of [that]the Division shall prepare and deliver
biennial reports to the Governor regarding the progress of the program.

4. The
Division may award grants to municipalities, educational institutions and
nonprofit organizations for projects that enhance solid waste management
systems and promote the efficient use of resources. The Division shall consult a solid waste management authority
before awarding a grant for a project within the jurisdiction of that solid
waste management authority.

2. If the local government within whose territory a
facility for the treatment, storage or disposal of hazardous waste is to be
located requires that a special use permit or other authorization be obtained
for such a facility or activity, the application to the Department for a permit
to operate such a facility must show that local authorization has been
obtained. This requirement does not apply to an application for a permit to
construct a utility facility that is subject to the provisions of NRS 704.820
to 704.900, inclusive.

3. Permits may contain terms and conditions which the
Department considers necessary and which conform to the provisions of regulations
adopted by the Commission.

4. Permits may be issued for any period of not more
than 5 years.

5. A permit may not be granted or renewed if the
Director determines that granting or renewing the permit is inconsistent with
any regulation of the Commission relating to hazardous waste or with the plan
for management of hazardous waste developed pursuant to NRS 459.485. The
provisions of this subsection do not apply to a permit granted or under review
before July 1, 1987.

6. The Department may suspend or revoke a permit
pursuant to the Commissions regulations if the holder of the permit fails or
refuses to comply with the terms of the permit or a regulation of the
Commission relating to hazardous waste.

7.A
permit may not be granted, renewed or modified for a facility for the disposal
of hazardous waste that proposes to construct or operate a landfill unless the
Director determines that the landfill is or will be constructed to include at
least one liner and a leachate collection and removal system designed to
prevent the migration of waste or leachate to the adjacent subsurface soils,
groundwater and surface water.

8.As
used in this section:

(a)Landfill
means a disposal facility or part of a facility where hazardous waste is placed
in or on land and which is not a pile, a land-treatment facility, a surface
impoundment, an underground-injection well, a salt-dome formation, a salt-bed
formation, an underground mine or a cave.

(b)Liner
means a continuous layer of man-made material installed beneath and on the
sides of a landfill which restricts the downward or lateral escape of hazardous
waste, hazardous waste constituents or leachate, and prevents the migration of
waste to the adjacent subsurface soils, groundwater and surface water.